Last blog added on Tuesday, July 25th, 2023

Information About Advocates for the Rule of Law

Recent Posts

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

  • Statement on the Departure of Justice Brown

    Advocates for the Rule of Law is saddened to learn of the retirement of Justice Russell Brown from the Supreme Court of Canada. Over the past 8 years, he has been a singular voice seeking to bring doctrinal coherence, fidelity to precedent, and legal predictability to vastly different areas of Canad … Read more »

  • “Threats to the Security of Canada”: The Case for a Single Stringent Standard

    I: Introduction On what basis can the Governor in Council reasonably conclude that there are “threats to the security of Canada” that justify invoking the Emergencies Act[1]? This question was front and centre during the recently concluded fact-finding hearings of the Public Order Emergency Commissi … Read more »

  • Trial Lawyers extends its tentacles

    Recently, in Poorkid Investments v HMTQ,Broad J of the Ontario Superior Court declared s 17 of the Crown Liability and Proceedings Act, 2019 (“CLPA”) unconstitutional. The provision imposed various procedural hurdles on plaintiffs who seek to bring claims against the Crown or its officers for “the t … Read more »

  • Two New Articles Demonstrate the Link Between Access to Justice and the Rule of Law

    Fourteen months ago, I published a post here on two recent Supreme Court of Canada decisions that potentially liberalized the ability to use motions to strike to determine questions of law. I explained how this can benefit both the rule of law and access to justice. This conceptualization of access … Read more »

  • Australian Court Upholds the Rule of Law in International Tax Case

    Last month the High Court of Australia released its decision in Addy v Commissioner of Taxation [2021] HCA 24 (“Addy”). The Australian apex court’s decision has received an unusual (for an income tax case) amount of attention as “the backpacker’s case”. But the High Court’s ruling is interesting for … Read more »