Here is another post in my series on constitutionally conforming interpretation. The first two posts are here and here. Judges and commentators have made structural, institutional and intentionalist arguments about the presumption of constitutionally conforming interpretation. Whilst it is impossible to avoid some form of a presumption of constitutionally conforming interpretation, given the Constitution’s supremacy […] Read more

Historically, the strongest support from Canadian courts for broad delegations of authority to executive officials has come in times of emergency. There may be scope for debate about whether the COVID-19 pandemic qualifies as an emergency, but there is no doubt that it has called for rapid, flexible responses on the part of public officials […] Read more

Here is another post on the theme of the presumption of constitutionality. The first one is here. An initial difficulty is that there is disagreement even about the content of the presumption of constitutionally conforming interpretation. The presumption of constitutional conformity “acknowledges the centrality of constitutional values in the legislative process, and more broadly, in […] Read more

I am working on a paper for an edited collection to be published by Hart Publishing (Matthias Klatt ed.) on constitutionally conforming interpretation. I have been considering the various ways in which this and related principles operate in Canada. Here are some early reflections. Comments are very welcome, as this is a very complex area… […] Read more

I participated last week in a discussion organized by ALAI Canada on the Supreme Court of Canada’s recent decision in York University v. Canadian Copyright Licensing Agency (Access Copyright), 2021 SCC 32. This was a very important decision for the Copyright Board of Canada and for “collective societies” like Access Copyright (see Michael Geist and […] Read more

This is the final post in the series on the Kerr Report cross-posted from the Australian Public Law blog. I am the author of this one… Before situating the Kerr Report in what I consider to be its historical context, let me begin with a quibble. The Kerr Report considered comparative materials in some detail. […] Read more