Can a court require the Prime Minister to appoint senators? Having been embarrassed (apparently through no fault of his own) by scandals involving his past picks, Mr. Harper is in no hurry to name any new senators to replace retirees. And the leader of the opposition, Mr. Mulcair, has vowed not to appoint any senators […] Read more

The Federal Court of Appeal decision in Hupacasath First Nation v. Canada (Attorney General), 2015 FCA 4 on justiciability of international treaties, the prerogative in respect of foreign affairs, the duty to consult First Nations and the jurisdiction of the federal courts is hugely significant (first-instance decision noted here). At issue was a foreign investment promotion […] Read more