HomeAuthor Archives: Mark Mancini (page 2)

Author Archives: Mark Mancini

A Constitutional Pregnancy: A New Approach to Section 1 Following BC FIPA?

Can you get a little bit pregnant? Of course not. But recently, in BC FIPA, the Supreme Court of Canada held that it matters whether the government infringes constitutional rights by a little or a lot. The difference will determine the strength of evidence the government will need to adduce to justify a rights infringement under section 1 of the ...

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Parliament’s Post: The City of Hamilton Cannot Regulate Community Mailboxes

Recently, the Ontario Court of Appeal in Canada Post Corporation v Hamilton (City)[1] had an opportunity to revisit the doctrine of federal paramountcy in the context of the most exciting of subjects: community mailboxes. Below, I briefly review the facts of the case, and argue that the case should have been decided on the grounds of validity rather than operability. ...

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The Comeau Decision is a Welcome Example of Serious Doctrinal Analysis

Constitutional law and alcohol are forever linked. Many famous distribution of powers cases giving rise to new federalism doctrine were about alcohol. It should not be a surprise that we can now add another case to the list. R. v. Comeau, coming out of the New Brunswick Provincial Court, is a novel judicial meditation on Canadian federalism, specifically regarding the ...

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The Need for Doctrine: Scalian Originalism and Canadian Purposivism

A legal lion passed away recently. One might argue that the death of Justice Antonin Scalia means much more for the American legal audience than the Canadian one. After all, Scalia’s death tossed the Supreme Court of the United States into the centre of an already contentious election season and brought to the forefront the divisively partisan tendencies of the ...

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