underlying principles
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A Matter of Unwritten Principle
Unwritten constitutional principles have an important, and rightful, place in Canadian constitutional law Continue reading
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Day One: Dwight Newman
Three dissents of principle Continue reading
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Mulling over Miller
Some thoughts on the UK Supreme Court’s decision in “the case of prorogations” Continue reading
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Neither Here Nor There
I have summarized the Supreme Court’s decision in Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2014 SCC 59, the B.C. hearing fees case, here. Over a furious dissent by Justice Rothstein, the Court held that while provinces can impose some hearing fees, the fees cannot constitutionally result in “undue hardship” on litigants, preventing them Continue reading
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For Sale, at the Right Price
This morning, the Supreme Court of Canada has released its judgment in Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2014 SCC 59, the B.C. hearing fees case. A five-judge majority led by the Chief Justice holds that although a province can, in principle, impose some form of fees for access to courts, Continue reading
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A Puff of Smoke
I argued last week that the Supreme Court should find British Columbia’s “hearing fees,” which litigants must pay to bring a case in front of a judge, unconstitutional as a violation of the principle of the Rule of Law. But what about the Supreme Court’s decision in British Columbia v. Imperial Tobacco Canada Ltd., 2005 SCC Continue reading
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Which Way to Court?
I wrote yesterday about the oral argument which the Supreme Court heard on Monday in the case now known as Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), formerly Villardell v. Dunham. At issue is the constitutionality of the “hearing fees” which British Columbia requires a litigant setting a civil case down for Continue reading
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Who Pays for Justice?
Yesterday, the Supreme Court heard the oral arguments in the B.C. hearing fees case, now known as Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), a case I have much blogged about as it made its way through the B.C. courts (where it was known Villardell v. Dunham, both on trial and Continue reading
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For Sale! (Or To Give Away)
Last week, the BC Court of Appeal issued a decision upholding the constitutionality of the “hearing fees” imposed by the government on litigants who took their cases to trial in the province’s courts, Vilardell v. Dunham, 2013 BCCA 65. The fees had been struck down last May by the province’s Supreme Court. “Some things are Continue reading
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The Prerogative of High-Handedness
Today, the Federal Court of Canada has issued its decision in Turp v. Canada (Justice), 2012 FC 893, rejecting Daniel Turp’s challenge to the federal government’s decision to withdraw Canada from the Kyoto Protocol. Unambiguously correct in law, this decision illustrates the importance of politics, and the limits of the power of the courts to hold governments Continue reading
Double Aspect 