The website and call for papers for the 2026 Public Law Conference, in Cape Town, is now online. The theme is the future of constitutional democracy and there is a non-exhaustive list of illustrative topics: The future of constitutional democracy and the rule of law / the separation of powers The legislature, electoral systems, democratic […]| Paul Daly
Even though guidelines (and other species of ‘soft’ law) are not binding, they can influence the meaning given to legislation. A series of four Supreme Court of Canada decisions make the point: in interpreting a statutory provision, it is necessary to have regard to text, purpose and context; relevant guidelines are part of the interpretive […]| Paul Daly
In most Canadian jurisdictions, an unsuccessful party can appeal a judicial review decision as of right. In a previous post (see here), I discussed whether the appellant bears, or should bear, a ‘tactical burden’ to convince the appellate court that the first-instance judge got something wrong. However, in two Canadian jurisdictions, the ability to seek […]| Paul Daly
Some of you may know that along with Sujit Choudhry I am representing Democracy Watch in its appeal to the Supreme Court of Canada of the decision in Democracy Watch v. Canada (Attorney General), 2024 FCA 158. As is my practice, I do not intend to comment on the case between now and the Supreme […]| Paul Daly
A question that has garnered relatively little attention in recent years is whether the bias of one member of an adjudicative body taints the entirety of the decision. The Supreme Court of Canada’s authorities point in two directions. On the one hand, in Newfoundland Telephone Co. v. Newfoundland (Board of Commissioners of Public Utilities), [1992] […]| Paul Daly