Section 96
The Remarkable Evolution of Section 96 of the Constitution Act, 1867
I am working on a paper on s. 96 of the Canadian Constitution. Here is a first taste of a very first draft…. Section 96 of the Constitution Act, 1867 seems innocuous – an “uninstructed reading of the section itself” reveals little[1] – providing simply that judges of the superior courts (and the now defunct […] Read more
Section 96, Statutory Tribunals and Judicial Review
My preoccupation with the internal standard of review issue has led me to wonder whether it would even be constitutionally permissible for a Canadian legislature to require an administrative body to conduct judicial reviews. The idea is not entirely far-fetched: the UK’s new tribunal system has just this feature, with the Upper Tribunal required on […] Read more
The Return of the Nordiques? An Icy Reception for the Applicants
They love their hockey up in Québec City, but have had nothing to love in the major leagues since the Nordiques decamped to Colorado in the mid-90s. Efforts are afoot to revive the local brand. One of the elements is a stadium, financed in part by the City of Québec and the provincial government. The […] Read more