Judicial Review and Co-operative Federalism
I would like to return to Justice Blanchard’s reasons for judgment granting the injunction preventing destruction of Québec-related gun-registry data pending judgment on the merits in this case, about...
View ArticleDon’t ask, don’t tell?
No, it’s not a post about gays in the U.S. armed forces. That’s so passé anyway. Actually, what I want to talk about is co-operative federalism again, the fascinating topic of the least-read post on...
View ArticleIt’s Not a POGGrom!
Canada’s “newspaper of record” has published an ignorant rant by Neil Reynolds, savaging alleged abuses, rhetorical, legislative, and jurisprudential, of the “Peace, Order, and Good government”...
View ArticleOne’s Day in Court: Priceless?
In 1998, British Columbia started charging litigant stiff “hearing fees” for each day of a civil trial. Last week, Justice McEwan of the B.C. Supreme Court issued a monster of a judgment declaring them...
View ArticleHumpty Dumpty
Last week, the Globe’s Neil Reynolds blamed all the troubles, real or imaginary, of Canadian federalism on the “peace, order, and good government” (POGG) clause of s. 91 of the Constitution Act, 1867....
View ArticleGo Ask Your Mom!
Is it conceivable that states, like a child who, denied by one parent, asks the other to let them stay up late, ask around for permission to do something they would not normally be permitted? Lord...
View ArticleThis Will Be Good
I wrote last summer about the issue whether a federal legislature could enact a statute in order to implement a treaty despite the fact that, absent the treaty, the statute would be ultra vires...
View ArticleDon’t Know What You’re up to
I have recently finished reading Ilya Somin’s Democracy and Political Ignorance: Why Smaller Government Is Smarter (2nd ed). Although I was familiar with the gist of Prof. Somin’s argument from his...
View ArticleNothing to Celebrate
In a recent post at Policy Options, Joanna Baron and Geoffrey Sigalet argue that the invocation of section 33 of the Canadian Charter of Rights and Freedoms, the notorious “notwithstanding clause”, to...
View ArticleRethinking Peace, Order, and Good Government in the Canadian Constitution
This post is written by Brian Bird. The United States has life, liberty and the pursuit of happiness. France has liberté, égalité, fraternité. What is the calling card of the Canadian Constitution? It...
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