The Success of Fairness: Marking the 40th anniversary of Nicholson v. Haldimand-Norfolk Regional Police Commissioners

Forty years ago this Fall, in 1978, the Supreme Court released its decision in Nicholson v. Haldimand-Norfolk Regional Police Commissioners. We are so accustomed to critique in the academic community (see earlier posts on this blog relating to Charter values and the standard of review in administrative law!), we tend to miss opportunities for celebrating […]

In Search of Free Speech on Campus

This September, I was asked to Chair a Working Group on Free Speech at York University. Similar bodies have been established throughout Ontario, in response to a directive from the recently elected Ontario Government. On August 30, 2018, the Ontario Provincial Government announced an initiative to protect free speech at publicly funded Universities and Colleges. […]

Can Law Combat Anti-Semitism?

With the tragic attack on the Jewish community in Pittsburgh still reverberating around the world, I’ve been reflecting on two panels I had the privilege to moderate exploring the relationship between law and  combating anti-Semitism, which took place earlier in October, sponsored by York University’s Israel and Golda Koschitzky Centre for Jewish Studies, the Centre […]

Cannabis and Sparking Up Public Law

Wednesday, October 17, 2018, is the day a wide range of new legal mechanisms come into effect, all “sparked” (and I promise not to put that word in quotes again!) by the legalization and regulation of recreational cannabis use in Canada. This day has occasioned a host of important questions (and no small measure of […]

Shuttleworth, Adjudicative Ethics and the Modern Tribunal

At the beginning of October, 2018, Osgoode Professional Development hosted the 13th Annual National Forum on Administrative Law and Practice - which I have the privilege to co-Chair with Sean Gaudet of the Department of Justice and Brendan Van Niejenhuis of Stockwoods LLP. The two day gathering featured a range of discussions about the future […]

Fairness and Mental Health in Administrative Justice

On September 21, 2018, Osgoode Hall Law School and the Centre for Addiction and Mental Health (CAMH) collaborated on a symposium on Fairness and Mental Health and Administrative Process - This symposium arose out of the Law Foundation of Ontario funded study led by Professor Jamie Cameron at Osgoode and Dr. Sandy Simpson at CAMH […]

Pipelines, Electric Cars, City Hall and Canadian Values

In the space of several weeks, courts appear to have rolled back significant policy initiatives of the federal and provincial governments. The levels of government and levels of court are all different, but I suggest there is a common thread linking together each of the Tesla Motors Canada ULC v. Ontario (Ministry of Transportation), 2018 […]

In Defence of Charter Values

It seems, after Law Society of British Columbia v. Trinity Western University, 2018 SCC 32 (TWU v. LSBC), and Trinity Western University v. Law Society of Upper Canada, 2018 SCC 33 (TWU v. LSUC) (together TWU), everyone is ganging up on Charter Values. While it was contentious in some quarters from the outset, these days, […]

In Pursuit of New Ideas on Public Law

Welcome to this new blog on a diverse array of public law topics, covering both developments in Canada and around the world. There has never been a more compelling or exciting time to be involved in public law. Concepts like the rule of law, the separation of powers, federalism, the protection and promotion of human […]