“HIV, Consent and Criminal Wrongs”

Tweet (2011) 57:4 The Criminal Law Quarterly 464-485. The issue of criminalizing the failure to disclosure HIV has been hotly contested in Canada for the last fifteen years.  I wrote this article to address what I have always viewed as an inadequate conceptual framework for analyzing it.  The Supreme Court of Canada propelled us down ...

“‘The question calls for an answer, and I propose to answer it’: The Patriation Reference as Constitutional Method”

“‘The question calls for an answer, and I propose to answer it’: The Patriation Reference as Constitutional Method”
Tweet (2011) 54 The Supreme Court Law Review (2d) 143-166. I was invited to contribute this piece as part of a commemorative panel on the Patriation Reference at the Osgoode 2010 Constitutional Cases Conference.  While most people analyze the Reference for what it says about constitutional conventions, I took a different approach.  I wanted to ...

“Developments in Constitutional Law – The 2009-2010 Term”

“Developments in Constitutional Law – The 2009-2010 Term”
Tweet (with Michael Plaxton)  (2010) 52 The Supreme Court Law Review 65-164

“Developments in Constitutional Law – The 2008-2009 Term”

“Developments in Constitutional Law – The 2008-2009 Term”
Tweet (2009) 48 The Supreme Court Law Review 71-120

“What Religious Freedom Jurisprudence Reveals About Equality”

“What Religious Freedom Jurisprudence Reveals About Equality”
Tweet (2009) 6:2 Journal of Law and Equality 163-200. In the late 2000’s I was thinking a lot about women’s equality as it relates to freedom of religion. This piece grew out of that work. In it I investigate an interesting trend that really crystallized during that period: the presence of far more robust substantive ...

Book Review: “Kate Malleson and Peter Russell, eds: Appointing Judges in an Age of Judicial Power”

Book Review: “Kate Malleson and Peter Russell, eds: Appointing Judges in an Age of Judicial Power”
Tweet (2007-08) 39 Ottawa Law Review 133-141

“Breaking New Ground: Ancillary Orders under the Criminal Code”

 “Breaking New Ground: Ancillary Orders under the Criminal Code”
Tweet (2008) 25:3 Solicitors Journal 1-8. This little piece was written following a presentation I did for the Courts of Appeal for New Brunswick and Prince Edward Island in idyllic Saint-Andrews-by-the-sea.  I was given the rather cryptic task of deciphering “ancillary orders”, something I had never taught and frankly knew little about.  It turns out ...