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The Courts are not Supreme Arbiters of Morality

In a post over at Slate, Omar Ha-Redye sets out what his title describes as “A Judicial Vision of Canada at 150 and Beyond“. The post is a rather rambling one, but insofar as I understand its overall purpose, it is meant to highlight the centrality of the Supreme Court to our constitutional framework, as illustrated in particular by the ...

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A Respectful Dissent from the Khadr Consensus

The case of Omar Khadr gives scholars a rare opportunity to question the fundamentals of public law damages. Such damages are notoriously difficult to quantify. As Lord Shaw once put it, “the restoration by way of compensation is therefore accomplished to a large extent by the exercise of a sound imagination and the practice of a broad axe.” This is ...

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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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Not Just A Pillowfight: How the SCC Has Muddied the Standard of Review

Recently, Justice David Stratas of the Federal Court of Appeal released an extremely helpful summary of almost every aspect of administrative law in Canada. Administrative law students, practitioners, and academics would be well-served to carefully read the document. But Justice Stratas’ piece is far from merely descriptive—in it, he provides a number of recommendations for a return to sound and ...

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Why I am Not a Conservative Either: Thoughts on Chief Justice Joyal’s Address

Glenn D. Joyal, Chief Justice of the Court of Queen’s Bench of Manitoba, gave the keynote address at last January Canadian Constitution Foundation’s recent Law and Freedom Conference. His talk, “The Charter and Canada’s New Political Culture: Are We All Ambassadors Now?”, was interesting and thought-provoking. Although the prepared text has been available on the website of Advocates for the Rule ...

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Parting with Pardy: A Review of Ecolawgic

Professor Bruce Pardy has written an enjoyable and thought-provoking book entitled Ecolawgic: The Logic of Ecosystems and the Rule of Law. He argues from a familiar libertarian perspective, but his thesis is original in that he compares markets to ecosystems. His argument is summed up nicely in the abstract to the full text on SSRN as follows: Ecosystems contain their own immutable logic: ...

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Ecolawgic: The Logic of Ecosystems and the Rule of Law

The following is an excerpt from Professor Bruce Pardy’s book, Ecolawgic: The Logic of Ecosystems and the Rule of Law. The footnotes from the original version have been omitted. The full text can be accessed here. Bruce Pardy is Professor of Law at Queen’s University. He has written extensively on a wide range of legal topics, taught at law schools ...

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