Advocates for the Rule of Law

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 ...

The Supreme Court of Canada released its decision today in Mikisew Cree First Nation v. Canada (Governor General in Council). The decision significantly deals with whether there is a duty on the government to consult with Aboriginal groups prior to introducing legislation.  The Court held (7-2) that no such duty exists. However, 3 of the 7 justices were somewhat equivocal in their ...

As previously reported, Advocates for the Rule of Law recently sought intervenor status in the standard of review appeals before the Supreme Court. The Court has indicated that it intends to reconsider Dunsmuir – the seminal administrative law decision in Canada. These appeals will have a significant impact on administrative law, and, potentially, on the rule of law itself. It ...

Mark Mancini, ARL’s Vice President and a regular article contributor, was called to the Ontario Bar on June 25, 2018. Mark has been a member of ARL for a couple of years and has contributed greatly to its expansion during that time. Despite just finishing his articles as a clerk at the Federal Court, Mark is already established as a ...

Advocates for the Rule of Law is proud to announce that it has completed its first intervention at the Supreme Court. ARL intervened on behalf of the respondent in the case of Courtoreille v. Canada. ARL argued that the duty to consult principle must be balanced against the principle of legislative sovereignty. If the government fails to consult with Aboriginal groups prior ...

Today’s elevation of Justice Richard Wagner to the position of Chief Justice is a welcome development. Justice Wagner’s collegiality and moderation will serve him well in his new role. His dissenting judgment in Saskatchewan Federation of Labour is an excellent example of understanding the judicial role vis-a-vis s. 2(d) of the Charter. It is worth adding that the alleged “convention” ...

Advocates for the Rule of Law congratulates Justice Sheilah L. Martin of the Alberta Court of Appeal on her nomination to the Supreme Court of Canada. Justice Martin’s academic and professional credentials to serve on the Supreme Court — including being a law dean, law professor, commercial litigator, pro bono constitutional lawyer, and very active member of the profession generally — ...

We at Advocates for the Rule of Law are proud to announce that we have now been incorporated as a not-for-profit corporation. We will be seeking charitable status shortly. Thank you to everyone who has supported Advocates for the Rule of Law over the last three years for making this milestone possible! A very special thanks to Brett Anderson and ...

Advocates for the Rule of Law is now on Facebook.  As of the time of writing, our Facebook page has already been followed and liked by dozens of people. We thank everyone for their continued support. Stay tuned, as always, for more articles and other ARL activity. The Facebook page can be accessed here.

Legal professor, proficient blogger, ARL contributor, and self-described “law nerd” Léonid  Sirota recently gave a talk at Université de Montréal on the subject of constitutional originalism. This well-received talk was hosted by the Runnymede Society and can be viewed here. Mr. Sirota’s talk was based upon two excellent papers that he co-wrote with Benjamin Oliphant, one of which has been published ...