Last blog added on Thursday, January 30th, 2020

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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!

  • 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, [2014] 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 »