• More v Roper: A Comment on Lawrence Solum’s Defence of Originalism

      Sirota, L (DPCE, 2017)
      Constitutions can be seen either as defensive mechanisms for protecting liberty, as suggested by the metaphor of entrenchment, or as weapons to eliminate injustice, as suggested by the metaphor of striking down unconstitutional ...
    • The Supreme Court and the Conventions of the Constitution

      Sirota, L (LexisNexis Canada, 2017)
      Conventions are among the most important rules of the Canadian constitution. Yet orthodox legal theory does not recognize them as being rules of law, a view which the Supreme Court of Canada endorsed in the Patriation ...
    • Was the Supreme Court Right to Change the Law on the Right to a Speedy Trial?

      Sirota, L (The Centre for Constitutional Studies, University of Alberta, 2017)
      In R v Jordan, the Supreme Court of Canada held, by a 5-4 majority and over the vigorous disagreement of the concurrence, that criminal prosecutions in which a trial does not conclude by a set deadline will be presumed to ...