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 in ss. 91 & 92 of the Constitution Act, 1867) but not another (the Charter). Affirming the presumption now in the Charter realm would not be incompatible with the nature of the Charter or the way in which the Charter has been interpreted.
A copy of the paper can also be read here at SSRN.
Many thanks to The Advocates’ Quarterly, and especially to its Editor, The Honourable Ted Matlow, for agreeing to publish the paper.