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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!
- You Can’t Have a Pony
This is, I hope, the lost post in the sort-of-series occasioned by the Supreme Court of Canada’s recent unprincipled and inconsistent decisions on constitutional interpretation. In my comment on Alford v Canada (Attorney General), 2026 SCC 14, I wrote that, despite my harsh criticism of the Supreme … Read more »
- Indefensible
I have previously mentioned Emmett Macfarlane’s Substack post written in response to my and Michael Plaxton‘s critiques of the Supreme Court of Canada for the inconsistency of its judgments on constitutional interpretation, as well as, in my case, other issues. Professor Macfarlane argues that we ar … Read more »
- The Rest Is Noise
My last several posts have been concerned with the Supreme Court of Canada’s failure not only to follow but even to acknowledge its own recent precedents on constitutional interpretation, first in Taylor v Newfoundland and Labrador, 2026 SCC 5 and then in Alford v Canada (Attorney General), 2026 SCC … Read more »
- Spinning the Wheel
Last week, the Supreme Court released its judgment in Alford v Canada (Attorney General), 2026 SCC 14,1 holding 8-1 that legislative provisions that allow members of Parliament to be prosecuted for divulging certain national security information, including in Parliament, are not unconstitutional. I … Read more »
- Nothing Matters Still
I return briefly to the Supreme Court’s recent decision in Taylor v Newfoundland and Labrador, 2026 SCC 5, which I summarized here and whose discussion of constitutional interpretation I criticized here. There is something about that discussion that I hadn’t noticed until now, and which bears menti … Read more »