Monthly Archives: February 2019

The Problem with Prosecutorial Independence in Canada

As has been widely reported, the PMO has been embroiled in a scandal over the last two weeks for allegedly exerting pressure upon its former Attorney General, Jody Wilson-Raybould, regarding the prosecution of SNC Lavalin.  Precisely what occurred remains unknown, and contrary to many social media commentators, we are not going to give our opinion on what may or may ...

Read More »

Military Justice and Stare Decisis: ARL Returns to the SCC

For the third time in little more than a year, the Supreme Court of Canada has granted Advocates for the Rule of Law leave to intervene to assist the Court in addressing a significant public law issue. This time, ARL will make submissions on when intermediate appellate courts may depart from their own binding precedents. This question of horizontal stare ...

Read More »

Substantive Equality: Some People are More Equal Than Others

Double Aspect, the law blog of Leonid Sirota and Mark Mancini, recently hosted The 12 Days of Christmas, in which contributors offered their picks for the five worst public law Supreme Court of Canada decisions between 1967 and 2017. My list included Andrews, which I criticized for starting the mess that the Supreme Court has made of section 15(1) of ...

Read More »

In Defence of Substantive Equality

In a guest post on the Double Aspect Blog over the Christmas break, Professor Bruce Pardy (Queen’s Law) picked the Supreme Court’s decision in Andrews as one of the worst decisions since 1967. While I believe Professor Pardy offered some important criticisms of the Court in his post, I must respectfully disagree with his attack on the Andrews decision and ...

Read More »