Share this page!

Enter URL or ID to Unroll

You can paste full URL like: https://x.com/threadreaderapp/status/1644127596119195649
or just the ID like: 1644127596119195649

How to get URL link on X (Twitter) App

  1. On the Twitter thread, click on or icon on the bottom
  2. Click again on or Share Via icon
  3. Click on Copy Link to Tweet
  4. Paste it above and click "Unroll Thread"!
  5. More info at Twitter Help
Leonid Sirota Profile picture
@DoubleAspect
Dec 20, 2019 • 3 tweets • 2 min read • Read on X
New post by @MarkPMancini on the #SCC's decision in Vavilov: doubleaspect.blog/2019/12/19/vav…. It's a very good post, although I have substantial disagreements with Mark (and I take it most everyone else).
@MarkPMancini I will try to post my own thoughts on Vavilov tomorrow. In a nutshell, I think the majority's reasons are built on theoretical sand, and can be made to crumble quite easily by pro-deference judges.
@MarkPMancini No doubt the majority judgment is an improvement on the status quo, and infinitely better than the alternative, such as it is, proposed by the concurrence. But it's not good enough from a Rule of Law perspective.

• • •

Missing some Tweet in this thread? You can try to force a refresh
　

Keep Current with Leonid Sirota

Leonid Sirota Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @DoubleAspect

Leonid Sirota Profile picture
Dec 12
This is simply not so. The cases in which the notwithstanding clause is invoked just aren't the ones where one can plausibly argue that courts are at fault for being unrestrained―whatever exactly that means. A thread. 1/7
Good Spirit at the SKQB, holding that funding non-Catholic students at Catholic schools, but not extra-religious students at other religious schools, is discriminatory? At most a mistake in a close case (I think it was correct, but SKCA didn't.) 2/7
City of Saguenay, holding that religious neutrality binds the state but not its employees, which is overturned by Bill 21? Perfectly sound in a North American context (and again quite correct). Not unrestrained. 3/7
Read 7 tweets
Leonid Sirota Profile picture
Sep 29, 2020
I see some tired canards about originalism being trotted out again―by people who don't seem to have read any originalist scholarship published in the last 15, or even 25, years or spoken to anyone who has. These arguments are older than I am, but here's a response. A thread. 1/
Here's @rolandparis saying originalism is uniquely American, and single-mindedly partisan: . Neither is true. (Btw, even if originalism were somehow American, that wouldn't make it wrong.) 2/
As @BenOliphant and I have shown at considerable length, Canadian cases, both those decided by the JCPC and those decided by the SCC, including under the Charter, rely on various forms of originalist reasoning: papers.ssrn.com/sol3/papers.cf…. 3/
Read 14 tweets
Leonid Sirota Profile picture
Sep 28, 2020
A quick thread on this, in response to people saying that a right to bear arms is the product of the American rebellion against Britain and alien to the British an Canadian traditions. Sorry, but you are just wrong. 1/
Let's start with Blackstone, who says that the right to have arms for self-defence is a natural right of the subject. (Source: oll.libertyfund.org/titles/2140#Bl…) Of course, this right is subject to legal regulation, like all rights, but that doesn't make it not a right.
Next, let's look at the Bill of Rights 1688, to which Blackstone refers. (Source: legislation.govt.nz/act/imperial/1….) This qualifies the natural right in the anti-Catholic and classist way of the Glorious Revolution, but preserves it for the majority of the subjects. 3/
Read 9 tweets
Leonid Sirota Profile picture
Sep 21, 2020
ICYMI: @MarkPMancini and I respond to bad faith attacks on a scholar. The constant distortion of other people's statements, even hyperbolic or poorly articulated ones, for partisan point-scoring and outrage needs to stop. doubleaspect.blog/2020/09/21/of-…
Also ICYMI, just last week I wrote about a similar case with the opposite partisan valence: doubleaspect.blog/2020/09/15/con…. This isn't just a problem when the other side does it. Your side does it too, and that's just as wrong.
And please spare me the tone-policing. A world in which only moderate, caveated, "professional" sentiments can be expressed, a world from which cantankerousness and hyperbole are banished would be hell.
Read 5 tweets
Leonid Sirota Profile picture
Aug 9, 2020
I'm late to this, but ICYMI, please read this piece by @Justin_Ling for @the_lineca. Prisoners losing no more rights than is necessary is an important principle, and it is being violated. theline.substack.com/p/justin-ling-…
A couple of quibbles with @Justin_Ling: (1) the ding on free speech advocates for ignoring this issue may be fair, but I wonder how much of a priority for prison advocates it is either. It's a real blind spot, and it deserves better than point-scoring.
And (2), I'd have liked to see a bit more of a discussion about practicalities. Even prisoners seem to accept need for monitoring communications. But can this be done well and at a manageable cost? Rights have costs, sure, but still.
Read 4 tweets
Leonid Sirota Profile picture
Jul 30, 2020
Not going to respond to individual tweets, but here's a thread on @RunnymedeSoc, @CDNConstFound and demands for "transparency" about its funding sources. NB: These are my own thoughts. I obviously don't speak for Runnymede or the CCF.
People claim that they need to know where Runnymede's and the CCF's money comes from, because that supposedly would help them form a view of these organisations' activities. I think this is rubbish. 2/
All Runnymede events are advertised. They are public. They are free to attend, except for the annual conference. Many are recorded (and more should be). All the panels at the annual conference are recorded. 3/
Read 15 tweets

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us!

Send Email!

:(