Monthly Archives: September 2017

A Province Cannot Shut Down anti-Abortion Expression

This summer, the Ontario government conducted consultations regarding its plan to enact “safe access zones legislation” (SAZL) modeled on British Columbia’s. I’ll give a brief background on B.C.’s law before diving into a division of powers argument against enacting such a law in Ontario. In short, I will argue that just as a province cannot enact a penal prohibition on ...

Read More »

“Watertight Compartments” Has Now Been Published

I am pleased to announce that my paper, “Watertight Compartments: Getting Back to the Constitutional Division of Powers” has now been published in the Alberta Law Review. Per the abstract: This article offers a fresh examination of the constitutional division of powers. The author argues that sections 91 and 92 of the Constitution Act, 1867 establish exclusive jurisdictional spheres — ...

Read More »

The Rule Against Violence

The Court of Appeal for Ontario recently delivered a noteworthy decision regarding the scope and limits of the constitutional protection for freedom of expression, Bracken v Town of Fort Erie, 2017 ONCA 668. The decision, written by Justice Miller for a unanimous court, breaks no new ground, but contains clear and cogent reminders of two elementary principles that, sadly, may ...

Read More »

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 ...

Read More »