2023

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The “N”-Word, Broadcasting Regulation and Freedom of Expression: Société Radio-Canada v. Canada (Attorney General), 2023 FCA 131

I recently had the considerable privilege of serving as amicus curiae to the Federal Court of Appeal in a fascinating, complex and controversial case about broadcasting regulation and free speech: Société Radio-Canada v. Canada (Attorney General), 2023 FCA 131. In a majority decision, the Canadian Radio-television and Telecommunications Commission found that Radio Canada had breached […] Read more

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Policy Options Series on the Emergencies Act

Policy Options is running a series — Lessons from the Rouleau Commission — prompted by the report of the Rouleau Commission into the invocation of the Emergencies Act in February 2022. My contribution, entitled “Legal tussling over the Emergencies Act is far from over”, can be found here. Here are the introductory paragraphs: The honking […] Read more

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Judicial Oversight and Open Justice in Administrative Proceedings

Two pieces of proposed legislation are currently winding their way through Parliament, one about judicial discipline, one about compensation for air travel passengers. As drafted, both bills prompt serious questions about judicial oversight and open justice. Judicial Oversight Several judicial discipline cases in recent times have become bogged down in lengthy litigation, paid for out […] Read more

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Review of John Mark Keyes, Executive Legislation

This short review will appear in the next issue of the Canadian Journal of Administrative Law & Practice John Mark Keyes, Executive Legislation, Third Edition, LexisNexis Canada, Markham, 2021, Hardcover $235.00, 726pp ISBN: 9780433499275 Relatively authors succeed in making substantial conceptual and practical contributions to the legal literature. John Mark Keyes’s Executive Legislation, now in […] Read more