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The Advocates’ Quarterly Publishes “The Paradoxical Presumption of Constitutionality”

The Advocates’ Quarterly, a Canadian Journal for Practitioners of Civil Litigation, has published my paper, “The Paradoxical Presumption of Constitutionality” in its March 2017 edition. The paper, which was also published on this website, argues that the presumption of constitutionality has entered a paradoxical state, in that it simultaneously applies to one part of the Constitution (the division of powers ...

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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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Introducing Runnymede Radio

The Runnymede Society launched its new podcast Runnymede Radio today. Runnymede Radio features conversations with leading scholars, judges, and legal thinkers. Some of the first guests include Chief Justice Glenn Joyal of the Manitoba Court of Queen’s Bench, Dr. Leonid Sirota of the award-winning Double Aspect Blog, and Professor Jordan Peterson of the University of Toronto. The podcast is available ...

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There are Problems with Personal Injury Law, but Bill 103 is not the Answer

Personal injury litigation has come under the microscope over the last few months. Numerous articles have been written criticizing the conduct of personal injury lawyers, specifically with regard to advertising and fees. Most recently, MPP Michael Colle has put forward a private member’s bill that would require every personal injury advertisement to be approved by the Law Society, cap contingency ...

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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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Sirota Discusses Canada’s Dirty Little Secret: Originalism

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 ...

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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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