Advocates for the Rule of Law is registered charity and Canadian think tank dedicated to furthering the principles of constitutionalism and the rule of law.
I had the privilege last week of making oral submissions at the Supreme Court on behalf of @ARLCanada on the scope of equality rights under the Charter.
You can view my submissions in the link below - beginning around the 49:30 mark.
https://t.co/HdYRBIyZcw
In her maiden post for ARL, lawyer and former clerk, Nicole Spadotto continues the theme of "old, not obsolete". Nicole's excellent post discusses the enduring significance of the SCC's 1955 decision in Ontario v Scott.
https://t.co/a0ASnKFmAm
"It is essential that we continue to teach and otherwise study Roncarelli. This is especially so in the wake of the Supreme Court’s decision last year not to translate its pre-1970 decisions" - Professor @gerardjkennedy
https://t.co/SPtXP2NplZ
In his latest for ARL, Professor @MaxSaintH eloquently explains the significance of the US Supreme Court's decision in Students for Fair Admissions v Harvard.
https://t.co/uHz72LeNw6
In his latest for ARL, Professor @MaxSaintH eloquently explains the significance of the US Supreme Court's decision in Students for Fair Admissions v Harvard.
https://t.co/uHz72LeNw6
We are excited to welcome @LaurenEHeuser to our Board of Directors. Lauren has long been engaged in rule of law-related issues, and is the founder, publisher and editor of @CDNAffairs.
Last night ARL celebrated its 10-year anniversary with a special keynote address from Justice Lauwers of the Court of Appeal for Ontario.
Thank you to everyone who has supported ARL over the years. Here's to the next ten!
A wonderful event celebrating the 10-year anniversary of the Advocates for the Rule of Law, complete with a thoughtful speech from Justice Lauwers. Congrats @Honickman, @gerardjkennedy and @MarkPMancini on what you have built!
I echo everything @MarkPMancini says here. We owe @Honickman a debt of gratitude for his leadership @ARLCanada which he somehow combines with time for sophisticated scholarship, a booming practice, and a beautiful family. He is a true mensch.
Excellent new post from @SunKerry on the Ontario Superior Court's recent decision to remove the @UofT encampment - and what role, if any, the Charter plays in this case.
https://t.co/edFsH31Ls2
Does the Charter truly countenance the privatisation of public spaces under the guise of "freedom of expression", as some commentators have suggested it does?
In this post, I offer reflections on the recent U of T encampment injunction, with thanks to the editors at @ARLCanada.
Excellent new post from @SunKerry on the Ontario Superior Court's recent decision to remove the @UofT encampment - and what role, if any, the Charter plays in this case.
https://t.co/edFsH31Ls2
Thanks to @ARLCanada for publishing this brief comment on Ahluwalia v Ahluwalia, 2022 ONSC 1303 (rev'd 2023 ONCA 476), and the would-be novel tort of "family violence".
The post is itself based on a forthcoming paper in which we comment on four new nominate torts in Canada.
New post from @SunKerry and @finseraste, arguing that the ONCA was right in rejecting a new tort of family violence - which, as they point out, overlaps with existing torts and risks "undermining rational coherence of the law."
https://t.co/XX7Xq0zcmx
ARL officers @Honickman, @gerardjkennedy and @MarkPMancini on why courts should not be permitted to award damages for unconstitutional laws.
https://t.co/pDdJ3YPI6z
@cvangeyn Fair enough. We certainly did not take your position to be that *any* unconstitutional law justifies an award of damages, but rather that it is the law itself that serves as the basis for the damages award (as opposed to executive action). We respectfully disagree.
ARL and CCF agree on much, but this is a good example of where we diverge.
A court can fairly award Charter damages for unconstitutional executive action - but an unconstitutional law is not, in and of itself, the proper basis for a damages award.
The government is not entitled to absolute immunity from damages if they enact unconstitutional legislation that is clearly wrong, in bad faith or an abuse of power. #cdnlaw#cdnpoli https://t.co/EEhrPVxE5O