HomeTag Archives: rule of law (page 2)

Tag Archives: rule of law

Getting Back to the Basics of Judicial Review

One could scarcely find an area of law so muddied as administrative law. In a recent blog post on Double Aspect,  Leonid Sirota argues (omitting some far more colourful language) that our courts continue to struggle with reconciling the basic concepts of parliamentary supremacy and the rule of law, which are said to be in conflict with one another. The ...

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Why the Appeal to Charter Values Denies the Rule of Law

Barry W. Bussey is Director Legal Affairs, Canadian Council of Christian Charities.  He blogs at: lawandreligion.org. The following is an excerpt of his article, “The Charter is Not a Blueprint for Moral Conformity,” (2017) 79 S.C.L.R.(2d) 367, 393-400   It may be trite to say that a liberal democracy must respect the rule of law.[1] Lord Bingham described the core ...

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Advocates for the Rule of Law is Now Incorporated

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 ...

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The Courts Have No Jurisdiction to Review “Church Discipline”

Can a matter of church discipline be appealed from a church to a court? The question has made its way up to the Supreme Court of Canada in Wall v Judicial Committee of the Highwood Congregation of Jehovah’s Witnesses. It may surprise you that it was answered in the affirmative by the chambers judge, Justice Wilson, and by a majority ...

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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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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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Judge Gorsuch’s Consequential Views on Administrative Law

Many of Donald Trump’s actions during his first weeks as President have understandably unsettled much of the world. However, there are already hopeful signs that they will be resisted by some combination of public protest, the courts, and/or, at the very least, his successor. So the recent nomination of 49-year old Court of Appeals Judge Neil Gorsuch to the United ...

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Still Playing Favourites: Some Objections to the Court Challenges Program

The federal government has officially announced that it is bringing back the Court Challenges  Program, which provides money to individuals or groups who pursue litigation in which they assert certain constitutional or quasi-constitutional rights. In comparison with past iterations, the program will subsidize claims based on a broader range of rights ― not only equality and language rights under the ...

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The 2017 Law & Freedom Conference

The Canadian Constitution Foundation will host its annual Law & Freedom Conference between January 6 – 8, 2017. The conference will be held at Hart House at the University of Toronto, which located at 7 Hart House Circle. This year’s speakers include the Honourable Chief Justice Glenn D. Joyal of the Manitoba Court of Queen’s Bench, Professor Emmett Macfarlane of ...

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