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Timeline

2023

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

2022

2021

2020

2019

30 December20 Things to Be Grateful For as Administrative Law Enters the 2020s – Part III
27 December20 Things to Be Grateful For as Administrative Law Enters the 2020s – Part II
23 December20 Things to Be Grateful For as Administrative Law Enters the 2020s
19 DecemberVavilov: A Step Forward
22 NovemberA Citizen’s Guide to the Rule of Law
8 NovemberEasing the Stress on Constitutional Democracy
26 SeptemberToronto v Ontario: Correcting Results-Oriented Reasoning
19 AugustR. v. Stillman: A Missed Opportunity for Guidance on Stare Decisis
8 JulyConstitutional Democracy Under Stress: Developing A Resistance To Unaccountable Government
29 JuneDeconstructing Section 28
20 JuneARL Celebrates Five Years and Charitable Status
4 JuneLosing Rights in the Balance
28 MayThe Political Consequences of Deference are not Always the Same
22 MayDeference to Administrators Must be Legislated not Assumed
15 MayAbdicating Legislative Power: The Carbon Tax Case
16 AprilThe Original Meaning of Military Law
10 AprilThe “Return” of “Textualism” at the SCC?
21 MarchARL Files Factum in Stillman Appeal
11 MarchOur Pythic Judges: SNC-Lavalin
20 FebruaryThe Problem with Prosecutorial Independence in Canada
14 FebruaryMilitary Justice and Stare Decisis: ARL Returns to the SCC
6 FebruarySubstantive Equality: Some People are More Equal Than Others
4 FebruaryIn Defence of Substantive Equality
30 JanuaryUnearthing Canadian Originalism: Reflections on my Conversation with Justice Stratas
28 JanuaryOntario Court of Appeal Underscores the Importance of Adversarial Argument
8 JanuaryA Matter of Deductions: Resolving Uncertainty in MVA Litigation
6 JanuaryStatutory Interpretation in Canadian Administrative Law

2018

20 DecemberARL at the Supreme Court
7 DecemberThe Administrative Law “Trilogy”: The Stare Decisis Trap
30 NovemberThe “Cultural Appropriation” Criticism: Lousy Analogy and Censorship in Disguise
23 NovemberUnderstanding Unconstitutionality
17 NovemberProtecting Rights: A Common Responsibility
3 NovemberARL’s Factum in the Vavilov and Bell/NFL Appeals
30 OctoberSupreme Court Rejects a Legislative Duty to Consult in ARL’s First Intervention
17 OctoberConstitutionalism from the Cave
11 OctoberSupreme Court Rejects Duty to Consult in Legislative Process
4 OctoberDiscussing the Notwithstanding Clause
4 OctoberPolitical Costs as Control on the Notwithstanding Clause
25 SeptemberARL is Heading Back to the Supreme Court
7 SeptemberWhy ARL is Seeking Leave to Intervene in the Standard of Review Appeals
30 AugustARL Seeks Intervenor Status in Standard of Review Appeals
21 AugustThe Original “Living Tree”
10 AugustDeference and Delegation As Fickle Bedfellows
30 JulyCanada’s Political Safeguards of Federalism: A Theory on Shaky Doctrinal Ground
12 JulyApplying the law (or not) to “a child born of a three-way”
27 JuneCongratulations Mark Mancini!
17 JuneIs Deference Possible Here? The Groia Decision and Disguised Correctness
4 JuneThe Wall of Separation
22 MayA Conversation on Comeau
19 MayWelcome to the Lawless Zone: the Kawaskimhon Moot and the Refusal to Recognize State Law
24 AprilComeau is a Casualty of Confused Doctrine
14 AprilCanon to the Right of Them, Canon to the Left of Them, Canon in Front of Them
30 MarchHas the Supreme Court Moved Beyond the “Living Tree”?
23 March“The Basic Bedford Rule” and substantive review of criminal prohibitions under section 7
14 MarchThe Dark Art of Deference: Dubious Assumptions of Expertise on Home Statute Interpretation
21 FebruaryRIP Reasonableness
8 FebruaryIn No Certain Terms: The Problem with Parliament’s Marijuana Legalization Law
26 JanuaryReflections on Charter Values: A Call for Judicial Humility
17 JanuaryARL at the Supreme Court
8 JanuaryWhy ARL Opposes a Duty to Consult in the Legislative Process

2017

24 DecemberGetting Back to the Basics of Judicial Review
14 DecemberWhy the Appeal to Charter Values Denies the Rule of Law
12 DecemberWagner C.J. is the Prudent Choice
30 NovemberONCA questions Doré-Loyola framework on eve of TWU’s SCC hearing
29 NovemberOn the Nomination of Justice Martin to the Supreme Court
29 NovemberRunnymede Society National Law & Freedom Conference
22 NovemberARL’s Factum in Courtoreille
22 NovemberKhadr Debate on YouTube
15 NovemberDoré’s Demise?
9 NovemberDebating the Khadr Settlement at Western
20 OctoberThe Myth of Sovereign Provincial Legislatures: Canada’s Federal Crown Beyond Provincial Control
16 OctoberLawless Society of Upper Canada
12 OctoberA Wise Decision in Retrospect
7 OctoberARL’s Intervention Materials
6 OctoberThe Supreme Court Must Choose Principle Over Politicization
3 OctoberARL is Headed to the Supreme Court of Canada
28 SeptemberA Province Cannot Shut Down anti-Abortion Expression
26 September“Watertight Compartments” Has Now Been Published
14 SeptemberThe Rule Against Violence
7 SeptemberAdvocates for the Rule of Law is Now Incorporated
30 AugustCourts, Legislatures, and the Illusion of “Dialogue”
28 AugustARL on Facebook
25 AugustCourt of Appeal Justices: Invoking “Charter Values” Risks Subordinating Charter Rights
9 AugustThe Legal Case Against the Khadr Settlement
4 AugustThe Courts are not Supreme Arbiters of Morality
27 JulyA Respectful Dissent from the Khadr Consensus
7 JulyDebating Human Rights with Professor Pardy
1 JulyOn Canada Day, Let’s Celebrate our Constitution
27 JuneThe Courts Have No Jurisdiction to Review “Church Discipline”
18 JuneAlberta Law Review to Publish “Watertight Compartments”
9 JuneRunnymede Society Student Leadership Conference – Call for Applications
31 MayJustice Abella is Wrong to Prioritize Human Rights Over the Separation of Powers
19 MayIn Defence of the Notwithstanding Clause and Saskatchewan’s Decision to Use It
9 MayThe Notwithstanding Clause is no Longer the Nuclear Option
1 MayThe Perils of the Purposive Approach
24 AprilThe Advocates’ Quarterly Publishes “The Paradoxical Presumption of Constitutionality”
18 AprilVriend v Alberta Revisited: A Road to Constitutional or Judicial Supremacy?
13 AprilIntroducing Runnymede Radio
7 AprilThere are Problems with Personal Injury Law, but Bill 103 is not the Answer
21 MarchNot Just A Pillowfight: How the SCC Has Muddied the Standard of Review
15 MarchCoercion or Consent: A Response to Honickman’s Review of Ecolawgic
11 MarchWhy I am Not a Conservative Either: Thoughts on Chief Justice Joyal’s Address
9 MarchRunnymede Society Hosts Justice Nadon
9 MarchChief Justice Joyal Cites ARL Debate
6 MarchParting with Pardy: A Review of Ecolawgic
3 MarchSirota Discusses Canada’s Dirty Little Secret: Originalism
24 FebruaryEcolawgic: The Logic of Ecosystems and the Rule of Law
18 FebruaryJudge Gorsuch’s Consequential Views on Administrative Law
9 FebruaryStill Playing Favourites: Some Objections to the Court Challenges Program
6 FebruaryA Constitutional Pregnancy: A New Approach to Section 1 Following BC FIPA?
26 JanuaryDebating Free Trade
20 JanuaryThe Paradoxical Presumption of Constitutionality
13 JanuaryThe Charter and Canada’s New Political Culture: Are We All Ambassadors Now?

2016

23 DecemberGarland Gets a Lump of Coal; So Does the Perception of SCOTUS
10 DecemberParliament’s Post: The City of Hamilton Cannot Regulate Community Mailboxes
4 DecemberARL on Twitter
23 NovemberThe 2017 Law & Freedom Conference
5 November“Intolerant and Illiberal”: The B.C. Court of Appeal is Right to Insist on Tolerance for an Intolerant Institution
21 OctoberA Marriage Made in Britain: Section 121 and the Division of Powers
14 OctoberParliament Should be Consulted on Military Deployments
10 OctoberRunnymede Society Debates Electoral Reform and Other Upcoming Events
6 OctoberRecognizing ARL’s Contribution
19 SeptemberThe Correct Approach to Contractual Interpretation
9 SeptemberThe Decisions to Reject Trinity Western were not “Prescribed by Law”
1 SeptemberWilson v. AECL: A Missed Opportunity to Protect the Rule of Law in Administrative Law
25 AugustR. v. Jordan is Judicial Legislation
15 AugustSeven’s Wonders and Sixty Colours: More on the Interpretation of Section 7
9 AugustAsher Honickman and John Sikkema Publish in Law Matters
8 AugustConstraint and Candour
3 AugustThe Comeau Decision is a Welcome Example of Serious Doctrinal Analysis
29 JulyReaffirming the Case for Constraint: A Reply to Léonid Sirota
26 JulyElection Promises and Marijuana Policy: What Federalism Has to Offer
21 JulyHow to Do Constitutional Adjudication: A Response to Asher Honickman’s Take on the Judicial Role
18 JulyJoanna Baron Weighs in on the Right to a Speedy Trial on the CBC
7 JulySeven’s Sins? A Response to Asher Honickman’s Take on Section 7 of the Charter
4 JulyBrexit and the Rule of Law
27 JuneThe Supreme Court is Eroding the Bedrock Principle of Stare Decisis
22 JuneThe Case for a Constrained Approach to Section 7
13 JuneCarter Should not be the “Last Word” on Assisted Dying
9 JuneARL’s New Logo
24 MayRunnymede Society Student Leadership Conference 2016
11 MayConstitutional Originalism is a Canadian Staple
20 AprilRunnymede Spring Tour Update and Website!
9 AprilCourt Slashes Lawyer’s Contingency Fee in Favour of Minor Plaintiff
26 MarchThe Need for Doctrine: Scalian Originalism and Canadian Purposivism
24 MarchGhomeshi Verdict Vindicates the Rule of Law
23 MarchPermanent Problems
12 MarchState Regulation or Markets?
28 FebruaryRebalancing the Sexual Assault Pendulum
25 FebruaryPromoting the Runnymede Society
22 FebruaryGalati v. Harper: The Rule of Law is not an “Empty Vessel”
12 FebruaryReviving Originalism in Canada
6 FebruaryIntroducing the Runnymede Society
2 FebruaryJustice Miller’s First Major Decision May Surprise His Critics
29 JanuarySorry, Electoral Reform is Constitutional
22 JanuaryMisreading Carter v. Canada
17 JanuaryJustice Stratas on the Decline of Doctrine
10 JanuaryJustice Rothstein Casts Doubt on the Living Tree

2015

13 December“Clear and Definitive”: The Offence of Bestiality and the Rules of Statutory Interpretation
5 DecemberA “Progressive” Result from the Rule of Law
20 NovemberThe People Need Their Say on Electoral Reform
15 OctoberJudicial Restraint Lives to Fight Another Day
28 SeptemberParliament Can Still Criminalize Assisted Suicide
18 SeptemberBanning “Hate Speech” is Beyond Provincial Power
13 SeptemberThe Hard Truth – “the contract said what it said”
31 AugustIn Defence of Constitutional Originalism
31 JulyThe True American Import to Canada is the Living Tree, not Originalism
18 JuneReaffirming Magna Carta
11 JuneConstitutional Challenge to Building Code Act “Doomed to Fail”
31 MayGood Law in the Face of Hard Facts
7 MayThe Ghosts of Nadon Haunt the Supreme Court
10 AprilARL in the News
9 AprilQuebec v. Canada: Constitution Cannot Force Orders of Government to Be Nice to Each Other
30 MarchFederal Government Has the Power to Dismantle the Long-Gun Registry and Destroy the Data
25 FebruaryWhen Words Apparently Do Not Mean What They Say
9 FebruaryThe Right to Strike Should Not Be a “Fundamental Freedom”
20 JanuaryThe Right Result for the Wrong Reason: The Court of Appeal’s Decision in Tanudjaja
13 JanuaryFree Expression Must Endure
11 JanuaryJohn A. Macdonald’s 200th Birthday
11 JanuaryCanada’s Blasphemy Law Should Be Repealed

2014

17 DecemberFederal Court Rules Obama’s Executive Action on Immigration is Unconstitutional
5 December‘Sprite Please’ vs. ‘7Up Se Il Vous Plaît’ – A Distinction Without a (Monetary) Difference
1 DecemberA Questionable Ruling on Aboriginal Rights
29 NovemberThe Vital Importance of Due Process
19 NovemberWhy Federalism Still Matters
11 NovemberLawsuit Claims Individual Rights Trump Cultural Preservation
10 NovemberContingency Fees and the Rule of Law
30 OctoberLooking for Rights in the All the Wrong Places: A Troubling Decision from the Supreme Court
11 SeptemberMore MPs Means Fewer Trained Seals
30 AugustCourt Confirms Two Years Means Two Years
27 AugustDo Hard Cases Make “Inherently Bad Laws?” Carter v. Canada and the Right to Physician-Assisted Death
16 AugustCommon Sense for Contracts but not for Statutes
1 JulySupreme Court Alters the Balance of Power Between Labour and Business
27 JuneRemarks of the Treasurer of LSUC at the Call to the Bar Ceremony
10 JuneThe Living Fiction: Reclaiming Originalism for Canada
10 JuneHow to Reform the Senate Without a Constitutional Amendment