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Leonid Sirota

@doubleaspect.blog
886 followers 178 following 454 posts

Legal academic; mostly Canadian and comparative public law. Associate Professor @unirdg-law.bsky.social; Senior Fellow, Macdonald Laurier Institute; blogger, doubleaspect.blog

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Leonid Sirota @doubleaspect.blog · 30/09/2026
New post: the PQ's proposal to "abolish the monarchy on Quebec's territory" is unconstitutional and profoundly unserious, but it's not the first time Canadian politicians pretend the constitution just doesn't exist if it gets in their way. doubleaspect.blog/2026/09/30/b...
doubleaspect.blog
Baguette magique ou nez de clown
Le Québec ne peut pas « abolir la monarchie » ou « couper les vivres » à son représentant
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Leonid Sirota @doubleaspect.blog · 30/09/2026
Nouveau billet: l'idée d'abolir la monarchie au Québec ou d'écarter le lieutenant-gouverneur de ses fonctions législatives relève du constitutionnalisme-fiction et témoigne d'un manque fondamental de sérieux.
doubleaspect.blog
Baguette magique ou nez de clown
Le Québec ne peut pas « abolir la monarchie » ou « couper les vivres » à son représentant
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Leonid Sirota @doubleaspect.blog · 24/08/2026
Timely, from Benjamin Constant
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Leonid Sirota @doubleaspect.blog · 20/08/2026
New post: Benjamin Constant on the intellectual dimension of power's corrupting effects. doubleaspect.blog/2026/08/20/h...
doubleaspect.blog
How Power Corrupts VI
Benjamin Constant on the intellectual dimension of power’s corrupting effects
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Leonid Sirota @doubleaspect.blog · 20/08/2026
Of course I'm no fan of law societies existing. The practice of law should be deregulated. But where they do exist, professional regulators must not become ideological enforcers.
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Leonid Sirota @doubleaspect.blog · 20/08/2026
Over at her blog, @akamalnath.bsky.social and I have a post about the Bar Council of India's chairperson's attempt to punish students for protesting against the Chief Justice of India. I'm no fan of law societies that can't stay in their lane. Neither is Dr Kamalnath.
corporatelawacademic.wordpress.com
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Leonid Sirota @doubleaspect.blog · 06/08/2026
Further reminder: the federal government told a guy who "recanted" his oath of allegiance that this didn't affect his naturalization. If they don't give a hoot, why should you? 4/4
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Leonid Sirota @doubleaspect.blog · 06/08/2026
A reminder: most Canadian provinces already don't require lawyers to swear allegiance. Did you notice? Did you give a hoot? If not, you should hope the SCC denies the appeal, though also that it gives better reasons than the ABCA. 3/4
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Leonid Sirota @doubleaspect.blog · 06/08/2026
I discuss oaths of allegiance (in the context of naturalization, but this applies mutatis mutandis) in this article: ssrn.com/abstract=243.... Tl;dr: they're infringements of the freedom of conscience, and there is no good reason for them. 2/4
ssrn.com
True Allegiance: The Citizenship Oath and the Charter
Would-be Canadian citizens are required to swear an oath, which includes a promise of “true allegiance” to the Queen. For some, swearing allegiance to a what th
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Leonid Sirota @doubleaspect.blog · 06/08/2026
The SCC has granted leave to appeal in the case where the ABCA struck down the requirement that new lawyers swear allegiance to the Sovereign when called to the bar. That was the right decision, given for largely wrong reasons: doubleaspect.blog/2025/12/18/t... 1/4
doubleaspect.blog
Truth about Allegiance
At last, a Canadian court declares an oath of allegiance unconstitutional — for all the wrong reasons
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Leonid Sirota @doubleaspect.blog · 04/08/2026
ICYMI
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Leonid Sirota @doubleaspect.blog · 04/08/2026
New post: my thoughts on the SCC's Democracy Watch decision, and why Canadian administrative law continues not making sense. doubleaspect.blog/2026/08/04/j...
doubleaspect.blog
Jurisdictional Jiu-Jitsu
The Supreme Court clarifies the scope of the constitutional guarantee of judicial review, but fails at reinventing the wheel
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Leonid Sirota @doubleaspect.blog · 26/06/2026
ICYMI: My book project on constitutional interpretation, under contract with Hart. doubleaspect.blog/2026/06/25/b...
doubleaspect.blog
Booking
My plan for a forthcoming book on constitutional interpretation in Canada
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Leonid Sirota @doubleaspect.blog · 26/06/2026
In the European Human Rights Law Review. In case you don't have access to the published version, the author version is here: papers.ssrn.com/sol3/papers....
papers.ssrn.com
Can States Throw Away the Key? Critiquing Human Rights Law Approaches to Whole Life Sentences
In this article, we examine the jurisprudence on the compatibility of irreducible life sentences with human rights under three rights-protecting instruments: th
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Leonid Sirota @doubleaspect.blog · 25/06/2026
Thanks, Emmett!
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Leonid Sirota @doubleaspect.blog · 25/06/2026
New post: a bit more about the book project I mentioned a couple of weeks ago, including a brief outline of the chapters. doubleaspect.blog/2026/06/25/b...
static.klipy.com
Monkey Typewriter
ALT: Monkey Typewriter
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Leonid Sirota @doubleaspect.blog · 25/06/2026
ICYMI: I have resigned as Senior Fellow of the Macdonald Laurier Institute, because I think it has turned away from, and indeed against, judicial independence and the Rule of Law. doubleaspect.blog/2026/06/24/n...
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Leonid Sirota @doubleaspect.blog · 24/06/2026
I have resigned as Senior Fellow of the Macdonald Laurier Institute, which in my view has abandoned its commitment to constitutionalism and the Rule of Law in Canada and become adverse to these principles. A bit more on my reasons for having come to this conclusion: doubleaspect.blog/2026/06/24/n...
doubleaspect.blog
Not My Circus
Why I have resigned from the Macdonald-Laurier Institute
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Reposted by Leonid Sirota
Leonid Sirota @doubleaspect.blog · 04/06/2026
So this is happening! Many thanks to the reviewers, and to those who have read my proposal and sample chapter draft, and heard me present ideas that will be going into this over the years. I'm looking forward to sharing more as the manuscript takes shape.
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Leonid Sirota @doubleaspect.blog · 04/06/2026
So this is happening! Many thanks to the reviewers, and to those who have read my proposal and sample chapter draft, and heard me present ideas that will be going into this over the years. I'm looking forward to sharing more as the manuscript takes shape.
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Leonid Sirota @doubleaspect.blog · 26/05/2026
Always a pleasure to read you, @lewisgrahamlaw.bsky.social, but as to whether I can be convinced, that's another matter ;)
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Leonid Sirota @doubleaspect.blog · 22/05/2026
My latest for @jotwell.bsky.social is a review of @lewisgrahamlaw.bsky.social's forthcoming article on the use of s 3 of the Human Rights Act 1998 by UK courts. conlaw.jotwell.com/doctrine-by-...
conlaw.jotwell.com
Doctrine by the Numbers - Constitutional Law
Lewis Graham, Interpreting the Interpretive Obligation: Empirical Insights into the Use of Section 3 of the Human Rights Act 1998, __ Oxford J. Legal Stud. __ (Mar. 14, 2026).Leonid SirotaIt is not di...
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Leonid Sirota @doubleaspect.blog · 09/05/2026
ICYMI: Those of us who oppose populist shortcuts in response to judicial incompetence or wilfulness do not owe the populists "options". doubleaspect.blog/2026/05/08/y...
doubleaspect.blog
You Can’t Have a Pony
The solution to the Supreme Court’s problems is long, hard work — not coddling populists
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Leonid Sirota @doubleaspect.blog · 08/05/2026
New post: if you care about the Rule of Law, you need to work to make the Supreme Court of Canada care too — not give populists "options" for blowing it up. doubleaspect.blog/2026/05/08/y...
doubleaspect.blog
You Can’t Have a Pony
The solution to the Supreme Court’s problems is long, hard work — not coddling populists
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Leonid Sirota @doubleaspect.blog · 07/05/2026
*If you're right
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Leonid Sirota @doubleaspect.blog · 07/05/2026
Anyway, if you're that things have long been this bad, that's not much of a mitigation, is it? It means that the need for a "culture shift", as they would call it, is even more longstanding and pressing than critics like me have realized.
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Leonid Sirota @doubleaspect.blog · 07/05/2026
The closest parallel, which I have sketched out in my post on Taylor, is what's happening with the (non-)application of Doré. That's just as bad as the interpretation stuff, and just as much a failure of this court to act like, well, a court.
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Leonid Sirota @doubleaspect.blog · 07/05/2026
On s 15, there have been zig-zags and reversals aplenty, but that's different from simply pretending that the precedents didn't exist. Maybe Oakes is a better example, but the differences are mostly about the level of deference, and that's at least arguably a more fact-bound issue.
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Leonid Sirota @doubleaspect.blog · 07/05/2026
New post, responding to @emmettmacfarlane.com: the Supreme Court's cases on constitutional interpretation really are irredeemably inconsistent, and this matters — not just for theoretical purity. doubleaspect.blog/2026/05/07/i...
doubleaspect.blog
Indefensible
There is no defence for the Supreme Court’s erratic approach to constitutional interpretation
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Leonid Sirota @doubleaspect.blog · 06/05/2026
ICYMI: Perhaps the Supreme Court's comments on constitutional interpretation in Alford are just noise. But the thing is, so is everything it says on the topic. doubleaspect.blog/2026/05/06/t...
doubleaspect.blog
The Rest Is Noise
We can’t just be discerning about which of the Supreme Court’s pronouncements on constitutional interpretation to pay attention. None of them mean anything.
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Leonid Sirota @doubleaspect.blog · 06/05/2026
New post: can @pauldalyesq.bsky.social's "signal/noise" lens help us see more clearly through the SCC's cases on constitutional interpretation? I'm afraid not, because none of them provide signal.
doubleaspect.blog
The Rest Is Noise
We can’t just be discerning about which of the Supreme Court’s pronouncements on constitutional interpretation to pay attention. None of them mean anything.
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Leonid Sirota @doubleaspect.blog · 04/05/2026
ICYMI: In the Alford case, the Supreme Court again ignores precedent on constitutional interpretation — this time, precedent that's barely a few weeks old. doubleaspect.blog/2026/05/04/s...
doubleaspect.blog
Spinning the Wheel
The Supreme Court keeps changing its approach to constitutional interpretation, with no acknowledgment or explanation
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Leonid Sirota @doubleaspect.blog · 04/05/2026
New post: there is no method to the madness of the Supreme Court of Canada's treatment of constitutional interpretation: cases decided weeks ago can be discarded in favour of decades' old ones, and no acknowledgment, let alone explanation, is given.
doubleaspect.blog
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Leonid Sirota @doubleaspect.blog · 21/04/2026
Re-posting, on what would have been the late Queen's 100th birthday, the little note I wrote when she passed away. doubleaspect.blog/2022/09/09/i...
doubleaspect.blog
In Memoriam Reginae
What the Queen meant to me
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Leonid Sirota @doubleaspect.blog · 12/04/2026
Bernard Drainville not becoming Premier of Quebec is also a small defeat for global Orbanism. We have to hope that Ms Fréchette will have the good sense not to bring back the populist and illiberal "Constitution", as Mr Drainville would have. montrealgazette.com/news/provinc...
montrealgazette.com
Christine Fréchette named new CAQ leader and premier
Fréchette was competing against Bernard Drainville to become François Legault's successor.
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Leonid Sirota @doubleaspect.blog · 10/04/2026
ICYMI: the Supreme Court of Canada recently said that constitutional interpretation is nothing like statutory interpretation; but not that long ago it was saying the opposite. An explanation, let alone consistency, is apparently too much to hope for. doubleaspect.blog/2026/04/09/n...
doubleaspect.blog
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Leonid Sirota @doubleaspect.blog · 10/04/2026
New post: the Supreme Court of Canada recently said that constitutional interpretation is nothing like statutory interpretation; but not that long ago it was saying the opposite. An explanation, let alone consistency, is apparently too much to hope for. doubleaspect.blog/2026/04/09/n...
doubleaspect.blog
Nothing Matters Still
The Supreme Court’s recent pronouncements on constitutional interpretation are inconsistent with precedent, but the Court doesn’t care
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Leonid Sirota @doubleaspect.blog · 24/03/2026
ICYMI: My analysis of the Supreme Court's latest pronouncements on constitutional interpretation, which contain precious little wisdom. doubleaspect.blog/2026/03/24/t...
doubleaspect.blog
The Cavemen Are Back
The Supreme Court’s majority goes back to constitutionalism from Plato’s cave, which earlier cases seemed to abandon
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Leonid Sirota @doubleaspect.blog · 24/03/2026
New post: the Supreme Court of Canada judges had a lot to say about constitutional interpretation in the recent Taylor case, and not much of it was very good. doubleaspect.blog/2026/03/24/t...
doubleaspect.blog
The Cavemen Are Back
The Supreme Court’s majority goes back to constitutionalism from Plato’s cave, which earlier cases seemed to abandon
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Leonid Sirota @doubleaspect.blog · 23/03/2026
ICYMI: The Supreme Court of Canada discussed constitutional interpretation at length in a decision last month; I summarize the opinions and discuss the textual aspects of the decision here: doubleaspect.blog/2026/03/23/m...
doubleaspect.blog
Moving Rights
A summary of the opinions on constitutional interpretation in the Supreme Court’s interprovincial travel decision
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Leonid Sirota @doubleaspect.blog · 23/03/2026
Analysis of the methodological arguments in the majority and minority opinions will follow in a separate post.
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Leonid Sirota @doubleaspect.blog · 23/03/2026
New post: what the various opinions in the SCC's recent Taylor case have said about constitutional interpretation, and why as a textual matter Kasirer and Jamal JJ are right, and the majority and Rowe J are wrong. doubleaspect.blog/2026/03/23/m...
doubleaspect.blog
Moving Rights
A summary of the opinions on constitutional interpretation in the Supreme Court’s interprovincial travel decision
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Leonid Sirota @doubleaspect.blog · 06/03/2026
Looks like a first Canadian judgment that is full of AI hallucinations. If so, I hope Geoffroy J has the good sense to resign, and quickly. www.lapresse.ca/actualites/j...
lapresse.ca
Fausse jurisprudence, vrai malaise | Un juge a-t-il succombé à la tentation de l’IA ?
Lorsqu’il a entraîné des investisseurs de Québec dans la retentissante débâcle du groupe Huot, l’homme d’affaires Robert Giroux a fait preuve d’un manque de transparence que rien ne saurait justifier,...
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Leonid Sirota @doubleaspect.blog · 04/03/2026
My piece is here: journals.library.ualberta.ca/constitution...
journals.library.ualberta.ca
View of Fair Voting BC: The Charter, Courts, and Election Law
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Leonid Sirota @doubleaspect.blog · 04/03/2026
Pleased to be part of this. I defend the ONCA's approach to constitutional interpretation, criticize the SCC's persistent mishandling of the Charter's s 3, and caution that courts must remain vigilant in election law—misplaced deference is as wrong as unwarranted interventionism.
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Leonid Sirota @doubleaspect.blog · 24/02/2026
New post: introducing my new article on Canadian constitutional conventions being forgotten or disregarded. doubleaspect.blog/2026/02/24/f...
doubleaspect.blog
Forget Me Not
Introducing an article about the forgetting of Canadian constitutional conventions
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Leonid Sirota @doubleaspect.blog · 23/02/2026
That is a good point. I have another, unrelated, paper that relies very heavily on Manin, but I hadn't thought of him here. Damn...
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Leonid Sirota @doubleaspect.blog · 23/02/2026
Merci!
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Leonid Sirota @doubleaspect.blog · 23/02/2026
Finally published, in the Dalhousie LJ: a piece looking at widespread, and sometimes wilful, forgetting of some constitutional conventions in Canada, and wondering what, if anything, might be done about it. Paper available at: papers.ssrn.com/sol3/papers....
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Leonid Sirota @doubleaspect.blog · 13/02/2026
New post: the Quebec Justice Minister says the federal government is negotiating to give the province a role in judicial appointments. If this is true, this must be brought to light — and stopped. doubleaspect.blog/2026/02/13/w...
doubleaspect.blog
What Is Going On?
Is the federal government in the process of giving away its judicial appointment powers?
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