Last blog added on Monday, January 7th, 2019

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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!

  • Romancing the Law

    I had the pleasure of attending last weekend’s Runnymede Society conference in Toronto. As always, the conference was a welcome opportunity to meet with old friends and new, and to reflect on a number of pertinent issues in Canadian law. Perhaps because of my own research interests in the last year, … Read more »

  • Doré Adrift

    When Dunsmuir came out, I was in the middle of taking administrative law in law school.  Our class had spent hours learning about “patent unreasonableness”.  But when Dunsmuir abolished it, the professor was faced with a dilemma for the exam: forget patent unreasonableness or pretend that Dunsmuir n … Read more »

  • Maryniuk on Doré

    The Supreme Court’s decision in Doré v Barreau du Québec, 2012 SCC 12, [2012] 1 SCR 395 continues to be one of its most consistently criticized. It was, for instance, one of the most frequently mentioned as being among the Court’s worst by the participants in our recent 12 Days of Christmas symposiu … Read more »

  • Doing Right on Rights

    In my last post, I summarized the majority, concurring, and dissenting opinions delivered in Frank v Canada (Attorney General), 2019 SCC 1, which held that the denial of the franchise to Canadians who have resided outside the country for more than five years is unconstitutional. As noted there, I be … Read more »

  • “A Profound Attachment”

    Yesterday, the Supreme Court at last delivered its judgment on the constitutionality of disenfranchising Canadians abroad, Frank v Canada (Attorney General), 2019 SCC 1. By five votes to two, the Court holds that disenfranchisement is indeed unconstitutional. This is, as I have long argued (especial … Read more »

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