HomeAuthor Archives: Asher Honickman

Author Archives: Asher Honickman

A Textualist Critique of Bostock

The Supreme Court of the United State’s recent decision in Bostock v. Clayton Country, Georgia has already elicited a great deal of controversy and scholarly commentary. I typically refrain from commenting on U.S. decisions as I am not an expert on U.S. law. However, the decision in Bostock turned entirely on the principles of statutory interpretation, which has long been an interest of mine. What makes ...

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The Constitutional Basis for Judicial Review in Canada

In the wake of the Supreme Court of Canada’s decision in Vavilov, I’ve decided to pick up a copy of A.V. Dicey’s Introduction to the Study of the Law of the Constitution. I had read passages from this book more than a decade ago when I was in law school, but very little since beyond the odd paragraph. Dicey’s book is valuable primarily as a historical work. It lays ...

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Easing the Stress on Constitutional Democracy

On October 6, 2019, I had the pleasure of speaking at a conference entitled “Constitutional Democracy Under Stress.” The conference was hosted by Section 1 and its founder, Peter Biro, who incidentally was one of my early mentors when I was a summer student. Mr. Biro, whose article for ARL on the Section 1 project can be read here, gathered ...

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Deconstructing Section 28

Professor Kerri Froc has written a thoughtful guest post for Double Aspect, in which she argues that s. 28 of the Charter is not merely an interpretive provision, but is rather a substantive and justiciable section in its own right. The implication if she is correct should not be understated. Section 28 states: Notwithstanding anything in this Charter, the rights ...

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ARL Celebrates Five Years and Charitable Status

Five years ago, I founded Advocates for the Rule of Law with a small group of like-minded lawyers. We were concerned with what we perceived to be a growing disregard for the rule of law, and a move toward what some – including most notably, Justice Abella of the Supreme Court of Canada – have called the “rule of justice.” ...

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The Original Meaning of Military Law

Advocates for the Rule of Law returned to the Supreme Court of Canada last month in the Stillman and Beaudry appeals to make important submissions on the topic of stare decisis. I attended with my co-counsel, Adam Goldenberg and Peter Grbac. Mr. Goldenberg’s oral submissions were stellar and the panel kept him up for an additional few minutes to ask him ...

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Unearthing Canadian Originalism: Reflections on my Conversation with Justice Stratas

Earlier this month, I had the true privilege of taking part in a discussion with Justice David Stratas of the Federal Court of Appeal, who is one of Canada’s most prominent jurists, on the subject of statutory and constitutional interpretation. The conversation was part of the Runnymede Society’s annual Law & Freedom Conference. Justice Stratas and I covered a lot ...

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A Matter of Deductions: Resolving Uncertainty in MVA Litigation

As any Ontario personal injury lawyer knows, the common law of damages has been modified significantly in the context of motor vehicle accidents, to the benefit of defendants and their insurers. The legislature has enacted various measures to limit the ability of plaintiffs to recover in tort. It has done so for two reasons: 1) to help limit the number ...

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ARL at the Supreme Court

Earlier this month, Advocates for the Rule of Law appeared as an intervenor in the Bell/NFL and Vavilov appeals at the Supreme Court. Prior to the hearing, the Court advised the parties that these appeals would present an opportunity to reconsider the Court’s seminal decision in Dunsmuir v. New Brunswick, released a decade ago.  Consequently, various organizations, including ARL, moved to intervene in the case. ...

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