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Yearly Archives: 2023

Statement on the Departure of Justice Brown

Advocates for the Rule of Law is saddened to learn of the retirement of Justice Russell Brown from the Supreme Court of Canada. Over the past 8 years, he has been a singular voice seeking to bring doctrinal coherence, fidelity to precedent, and legal predictability to vastly different areas of Canadian law. All the while, he has taken the lead ...

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“Threats to the Security of Canada”: The Case for a Single Stringent Standard

I: Introduction On what basis can the Governor in Council reasonably conclude that there are “threats to the security of Canada” that justify invoking the Emergencies Act[1]? This question was front and centre during the recently concluded fact-finding hearings of the Public Order Emergency Commission (the “Commission”). What appeared at the outset to be a straightforward matter of statutory interpretation ...

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