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Unearthing Canadian Originalism: Reflections on my Conversation with Justice Stratas

Earlier this month, I had the true privilege of taking part in a discussion with Justice David Stratas of the Federal Court of Appeal, who is one of Canada’s most prominent jurists, on the subject of statutory and constitutional interpretation. The conversation was part of the Runnymede Society’s annual Law & Freedom Conference. Justice Stratas and I covered a lot ...

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A Matter of Deductions: Resolving Uncertainty in MVA Litigation

As any Ontario personal injury lawyer knows, the common law of damages has been modified significantly in the context of motor vehicle accidents, to the benefit of defendants and their insurers. The legislature has enacted various measures to limit the ability of plaintiffs to recover in tort. It has done so for two reasons: 1) to help limit the number ...

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Statutory Interpretation in Canadian Administrative Law

Over on Professor Daly’s blog Administrative Law Matters, Professor Audrey Macklin wrote what I would characterize as a confessional: an admission that the law of judicial review in Canada may be beyond repair. What Prof. Macklin proposes, in light of this realization, is a renewed focus on the principles of statutory interpretation, rather than a myopic focus on standard of ...

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ARL at the Supreme Court

Earlier this month, Advocates for the Rule of Law appeared as an intervenor in the Bell/NFL and Vavilov appeals at the Supreme Court. Prior to the hearing, the Court advised the parties that these appeals would present an opportunity to reconsider the Court’s seminal decision in Dunsmuir v. New Brunswick, released a decade ago.  Consequently, various organizations, including ARL, moved to intervene in the case. ...

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The Administrative Law “Trilogy”: The Stare Decisis Trap

This week, the Supreme Court of Canada finally heard the consolidated appeals in Bell/NFL and Vavilov. ARL, expertly represented by Adam Goldenberg, put forward our submissions on the matter, which focus on a return to the basis of the law of judicial review: its statutory character. During the hearings, one particular line of questioning posed a problem for this  argument, ...

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The “Cultural Appropriation” Criticism: Lousy Analogy and Censorship in Disguise

On October 23, alongside my colleagues Konstantia Koutouki of University of Montreal, as well as Safie Diallo and Alexandra Lorange, I partook in a discussion initiated by the McGill Runnymede Society, on the criticism of cultural appropriation in the arts and literature. In preparation for this discussion, I discovered more problems with the notion of cultural appropriation than time would ...

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Discussing the Notwithstanding Clause

I had the real privilege today of appearing on Your Morning on CTV to chat about the notwithstanding clause with host Ben Mulroney. In particular, we discussed the threat of premier-designate, François Legault to invoke s.33 of the Charter preemptively in legislation that would ban public servants and officials from wearing religious symbols. The full interview can be accessed here. ...

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Political Costs as Control on the Notwithstanding Clause

The notwithstanding clause saga brought about by the Ford government is difficult for those born and bred on Supreme Court precedent. Law students are presented with an idea of the courts as benevolent actors of the public trust, hemming in cavalier legislatures acting on the passions of citizens. The saga, though, forces us to reckon with another sort of control ...

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ARL is Heading Back to the Supreme Court

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 ...

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