Last blog added on Saturday, June 8th, 2024

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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!

  • ¿Por qué no se calla?

    Chief Justice Wagner delivered another of his annual press conferences today, his seventh. One was too many, and this was a good reminder of why. Before getting to the point, though, it may be worth repeating what I said on a similar occasion two years ago. The Chief Justice’s sense that the Supreme … Read more »

  • A Strategy against Lethargy?

    In my last post, I summarized and criticized the Federal Court’s decision in Hameed v Canada (Prime Minister), 2024 FC 242, which declared that the government of Canada has a duty under the constitution to just get on with judicial appointments already. Emmett Macfarlane has made many similar points … Read more »

  • Putting the Courts Together Again

    Yesterday, the Federal Court delivered a decision declaring that the Canadian government has a constitutional duty to ensure timely judicial appointments and setting out specific targets to attain: Hameed v Canada (Prime Minister), 2024 FC 242. The outcome is a startling one, but it is Justice Brown … Read more »

  • Sotto Voce

    The Supreme Court has an inexplicable habit, especially in administrative law. Much has been written about the Court’s uneasy—to put it mildly—relationship with precedent. Especially after Bedford/Carter, which expanded the grounds on which previous precedents can be discarded, stare decisis is less … Read more »

  • #LOLNothingMatters

    I’m a bit late to the debate, I’m afraid, but I did want to say something about the Supreme Court’s decision in Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territories (Education, Culture and Employment), 2023 SCC 31, delivered last week. The decision is very significa … Read more »