Information About Double Aspect
- Vavilov and the "Culture of Justification"
(Alyn) James Johnson In Canada (Minister of Citizenship and Immigration) v. Vavilov (2019 SCC 65), the Supreme Court of Canada strongly endorses a “culture of justification” (at paras. 2, 14). This concept, which has rarely been mentioned let alone employed by a Canadian court in the past (a CanLII … Read more »
- Johnson on Vavilov
This is a quick announcement that James M. Johnson will soon be publishing a guest post discussing the notion of a “culture of justification” in administrative law as it is treated in the Supreme Court’s decision in Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65. Dr. Johnson … Read more »
- Making a Monster
The final report of the Broadcasting and Telecommunications Legislative Review Panel, grandly entitled Canada’s Communications Future: Time to Act (the “BTLR Report”) has already attracted its share of commentary, much of it, but by no means all, sharply critical. As Michael Geist has explained, the … Read more »
- What Does Vavilov Stand For?
This post is co-written with Leonid Sirota. As we previously noted in a joint post on Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65, that decision leaves open the question whether reasonableness review, as explained in the majority reasons, tends toward deference or vigilan … Read more »
- Immuring Dicey's Ghost
In its opinion in Reference re Senate Reform, 2014 SCC 32,  1 SCR 704, the Supreme Court notoriously relied on a metaphor that had previously popped up, but played no real role, in its jurisprudence: “constitutional architecture”. Notably, the court was of the view that moves towards an effect … Read more »