The Advocates’ Quarterly, a Canadian Journal for Practitioners of Civil Litigation, has published my paper, “The Paradoxical Presumption of Constitutionality” in its March 2017 edition. The paper, which was also published on this website, argues that the presumption of constitutionality has entered a paradoxical state, in that it simultaneously applies to one part of the Constitution (the division of powers ...Read More »
Monthly Archives: April 2017
Vriend v Alberta Revisited: A Road to Constitutional or Judicial Supremacy?
The Supreme Court of Canada has on numerous occasions insisted upon the primacy of the written text of the Constitution. In the Reference Re Secession of Quebec, the Supreme Court explained that the recognition of underlying constitutional principles “could not be taken as an invitation to dispense with the written text of the Constitution”. It noted that “[a] written constitution ...Read More »
Introducing Runnymede Radio
The Runnymede Society launched its new podcast Runnymede Radio today. Runnymede Radio features conversations with leading scholars, judges, and legal thinkers. Some of the first guests include Chief Justice Glenn Joyal of the Manitoba Court of Queen’s Bench, Dr. Leonid Sirota of the award-winning Double Aspect Blog, and Professor Jordan Peterson of the University of Toronto. The podcast is available ...Read More »
There are Problems with Personal Injury Law, but Bill 103 is not the Answer
Personal injury litigation has come under the microscope over the last few months. Numerous articles have been written criticizing the conduct of personal injury lawyers, specifically with regard to advertising and fees. Most recently, MPP Michael Colle has put forward a private member’s bill that would require every personal injury advertisement to be approved by the Law Society, cap contingency ...Read More »