Last blog added on Thursday, January 14th, 2021

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Recent Posts

Below is a preview of the five most recent posts from the blog Double Aspect. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

  • Against Pure Pragmatism in Statutory Interpretation II: Evaluating Rizzo

    Please read Part I of this series before reading this post. In the first post of this series, I set out to explain the concept of pragmatism in statutory interpretation, as explained by Ruth Sullivan. My contention was that Rizzo, arguably Canada’s seminal statutory interpretation judgment, is a pra … Read more »

  • Against Pure Pragmatism in Statutory Interpretation I

    Rizzo & Rizzo, arguably Canada’s leading case on statutory interpretation, has now been cited at least 4581 times according to CanLII. Specifically, the following passage has been cited by courts at least 2000 times. This passage, to many, forms the core of Canada’s statutory interpretation method: … Read more »

  • Putting Stare Decisis Together Again

    It is hardly news for those who follow Canadian public law that the Supreme Court tends to have little regard for precedent. Indeed, to the surprise of most people and the chagrin of many, it even freed lower courts to disregard its own precedents, in some circumstances, in Canada (Attorney General) … Read more »

  • Mere Liberalism

    There is a rhetorical trope in contemporary critiques of liberalism and libertarianism, especially those coming from the political right, that holds it for fundamentally flawed because it conceives of individuals as “atomized”, isolated, a- or even anti-social creatures moved by no higher emotion th … Read more »

  • The Top Statutory Interpretation Cases of 2020

    Introduction To say that one believes in “purposive interpretation” has been the calling card of Canadian legal scholars for some time. Saying this, as some do, is radically incomplete. That is because competing schools of thought also look to purpose. Textualists, for example, look to the context i … Read more »