HomeAuthor Archives: Jesse Hartery

Author Archives: Jesse Hartery

In Defence of Substantive Equality

In a guest post on the Double Aspect Blog over the Christmas break, Professor Bruce Pardy (Queen’s Law) picked the Supreme Court’s decision in Andrews as one of the worst decisions since 1967. While I believe Professor Pardy offered some important criticisms of the Court in his post, I must respectfully disagree with his attack on the Andrews decision and ...

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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.[1] 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 ...

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