The interesting and important recent decision in Evely v. Nova Scotia (Minister of Natural Resources), 2026 NSSC 118 is a very good example of what I have described as the “Doré Duty” in action. Under the Doré duty, where Charter rights or values are engaged by administrative action, the decision-maker must demonstrate that it considered the effect of its decision […] Read more
The title is ironic enough, as I haven’t produced a blog post in a while (I have been writing, rest assured, just not in bloggable form!), but there is a very important new resource — publicly available, and for free — that is useful to all legal writers. In Some Writing Tips, Justice David Stratas […] Read more
Tomorrow, I will be appearing as a witness at a meeting of the Standing Committee on International Trade. Here is the Notice of Meeting. And here are my opening remarks: My name is Paul Daly, I am a professor at the University of Ottawa and I appear in a personal capacity. Chair, members of the […] Read more
This week, the Supreme Court of Canada heard argument in the appeal from the decision of the Quebec Court of Appeal in Organisation mondiale sikhe du Canada c. Procureur général du Québec, 2024 QCCA 254. One of the issues in this sprawling and complex case, is whether the Quebec legislature’s use of the notwithstanding clause […] Read more
