Mark Mancini
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Articles by Mark Mancini
Democracy Watch : A post-mortem and the next frontier
It is not often that a case offers an opportunity to clarify the constitutional foundations of the law of judicial review, the ever-present architecture governing review of energy-related decisions. The Supreme Court’s decision in Democracy Watch provided that opportunity.
Revisiting the Use of Legislative History in Statutory Interpretation
Welcome to the Alberta Law Review The Alberta Law Review (ALR) is a student-run publication whose primary purpose is to enhance discourse on Canadian legal issues. Founded in 1955, the ALR is published by the Alberta Law Review Society, an organization consisting of law students at the University of Alberta and the University of Calgary. Built upon the hard work of student editors at both law faculties, the ALR is published every quarter and has roughly 1,000 pages per volume.
11 Misconceptions About Ancient Rome, Debunked
‘One of the weirdest places I’ve ever been’: Welcome to Bentonville, the American city where bikes rule Bentonville, Arkansas, is one of the weirdest places that I have ever been. When you think of New York City, Tokyo, Paris, or Rome, you can picture …
Opinion: Activist judges are eroding Canada's democracy by abusing the Charter Original
Advertisement 1 The Landmark Cases Council will bring together several eminent legal scholars to critically analyze Supreme Court decisions Article content Canadians rightly respect their courts. Such respect is foundational to public trust in our institutions and confidence that disputes are resolved fairly. Yet, confidence in the justice system is starting to slip, particularly at the appellate and Supreme Court levels, where decisions increasingly divide Canadians along political lines.
Mark Manicini: There was no right to strike until an activist Supreme Court invented it Original
Skip to Content Advertisement 1 In the face of flimsy judicial rulings, Alberta using the notwithstanding clause was to be expected Article content It has been labelled a “dark day for education” and a “threat to democracy,” but Alberta’s Bill 2 — the legislation forcing teachers back to work — is in effect.
Preface: Vavilov at 5: Looking Ahead while Looking Back
Welcome to the Alberta Law Review The Alberta Law Review (ALR) is a student-run publication whose primary purpose is to enhance discourse on Canadian legal issues. Founded in 1955, the ALR is published by the Alberta Law Review Society, an organization consisting of law students at the University of Alberta and the University of Calgary. Built upon the hard work of student editors at both law faculties, the ALR is published every quarter and has roughly 1,000 pages per volume.
Mark Mancini: The courts have delegitimized the Charter — it's time to reclaim it Original
Advertisement 1 The more the public perceives that judging is finger-in-the-wind preaching, the less legitimate the Charter will appear Article content Was the Charter of Rights and Freedoms a mistake? National Post columnist Carson Jerema thinks so. Writing in these pages last week, he argued that the Charter was a massive gift of power to the judiciary that allowed the august benches of the Supreme Court to replace our emasculated political chambers.
Mark Mancini: No, removing bike lanes does not violate Canadians’ Charter rights
The “Charter right to bike lanes” is not a term found in the lawbooks. Yet if a recent decision stands, governments will have to think hard about this new frontier in Charter litigation.
12 Discontinued Boy Scout Merit Badges
Aspiring Eagle Scouts no longer sew these patches onto their merit badge sashes, much to the chagrin of taxidermists and almond farmers everywhere 1. Nut Culture Scouts learned how to raise an assortment of nuts and legumes en route to earning this badge before it was eliminated in 1954. 2. Master-At-Arms This crash course in self defense required pinning down the basics of two of the following activities: boxing, fencing, singlestick, wrestling, jujitsu, and gymnastics. 3.
15 Toothsome Facts About the Megalodon Shark
4 hours ago Organisms on this planet are most often categorized as either plants, animals and fungi. Of course that’s a bit reductive and bacteria and other microorganisms exist, however, there is another type of organism on this planet and it has been stumping scientists with regards to its fossil history for years and now we finally know why.
Opinion: David Eby's opportunistic attempt to grasp almost total legislative power Original
Advertisement 1 B.C.'s Bill 7 would allow cabinet to amend almost all of the province's laws without legislative approval • • You can save this article by registering for free here. Or sign-in if you have an account. Article content By Leonid Sirota and Mark Mancini Desperate times call for desperate measures. That appears to be the British Columbia government’s mantra as it attempts to fight the risk of U.S. President Donald Trump’s tariffs.
Op-Ed: The underexplored tactic to halt Trump's tariffs
Canada’s leaders are frantically trying to respond to U.S. tariffs on Canadian goods. As mere law professors, we have no opinion on the best economic or political tactic. But there is a tactic that has been flying under the radar: challenging President Donald Trump’s legal authority to impose tariffs without congressional approval.
Mark Mancini: Canada is under threat. Now would be a good time to start sorting ourselves out
Commentary 31 January 2025 The Peace tower is seen on Parliament Hill, Sept. 20, 2022 in Ottawa. Adrian Wyld/The Canadian Press. Make Canada serious again? The first step is making government effective Five years into the 2020s, Canada is on the ropes. The reasons for this are inevitably complex. But only the most Pollyannish diehards would ignore the realities.
‘Potentially disastrous’: The Hub’s legal experts react to the Supreme Court’s explosive decision regarding Quebec’s secularism law
From our prime minister announcing his resignation to Donald Trump retaking the Oval Office to a looming trade war between Canada and the U.S., it has been a busy year in news—and we’re not even a month in. Perhaps lost in the bustle was a judicial development last week that deserves some serious attention: the Supreme Court’s decision to hear a challenge of Quebec’s secularism law, Bill 21, that prohibits civil servants in positions of authority from wearing religious symbols while on the job.
Spinosaurus Was a Good Floater but Lousy Swimmer
Key Takeaways Recent research suggests that Spinosaurus, contrary to previous beliefs, was not an adept swimmer. Computer simulations indicate it struggled to stay afloat and was likely too buoyant to dive effectively. Spinosaurus probably caught fish by wading in shallow water or from the shoreline, similar to modern grizzly bears or herons. With its huge and prominent back fin, the Spinosaurus is one of the most iconic dinosaurs, in terms of appearance.
The Largest Carnivorous Dinosaur May Not Have Been T. Rex
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The Largest Carnivorous Dinosaur May Not Have Been T. Rex
Everyone Knows the T. Rex Tyrannosaurus rex has been a media darling since (arguably) 1906, when The New York Times called it "the prize fighter of antiquity." Named just one year prior, this apex predator was already making a splash over at the American Museum of Natural History in Manhattan, where a preserved Tyrannosaurus specimen is kept to this day. Many decades after its debut, T. rex was the largest known carnivorous dinosaur.
The Largest Carnivorous Dinosaur May Not Have Been T. Rex
They lived about 30 million years apart and never set foot on the same continent. Yet Giganotosaurus carolinii is always getting compared to the world's most popular dinosaur, the beloved and well-known Tyrannosaurus rex, both vying for the position of the largest carnivorous dinosaur in history. Everyone Knows the T.
Here’s Why Confusing Diesel With Gas at the Pump Is a Problem
It can happen to anyone. Maybe you were distracted by a text message or phone call or someone else pulling up at the pump. You grabbed the wrong handle, and now your gas tank is loaded with diesel fuel—a simple mistake that can cost you big-time. The issue is combustion. Gasoline-powered cars have engines that run on a combination of liquid fuel and ordinary air, which are mixed together inside the vehicle and make their way to a cylinder block, where the fuel-air mix is compressed by pistons.
15 Fascinating Facts About Leif Erikson
The nomadic Norseman set foot in North America nearly 500 years before Columbus left Europe. Leif Erikson’s foray into North America began over a thousand years ago—long before Columbus’s 1492 journey. Read on to find out more about the intrepid explorer. 1. Leif Erikson’s story is chronicled in the Icelandic sagas. Written in the 13th and 14th centuries, the Icelandic Sagas are a set of around 40 historical narratives about the Viking age.
Savannah Cat Hybrids Are Gorgeous, Energetic and Expensive
Generate Key Takeaways The Savannah cat is not your average domestic cat (Felis catus). These exotic cats are close descendants of African servals, so they retain many of their ancestors' "wild blood" qualities while adapting well to the comfortable, domesticated life enjoyed by other cats. This juxtaposition makes this cat breed the perfect pet for a wide range of living situations—from hunting mice and pests to cuddling up on a cozy apartment couch.
Biggest Snakes in the World by Length and by Weight
The green anaconda (Eunectes murinus) grabs the title of biggest snake in the world. And probably eats it. Patrick K. Campbell/Shutterstock While you may not want to encounter one on a hike, there's no denying that snakes are magnificent creatures — no matter how big or small they are. But when it comes to the biggest snakes in the world, nature truly knows no bounds. From the mighty green anaconda to the reticulated python, these giant snakes are jaw-dropping and deadly.
Biggest Snakes in the World by Length and by Weight
While you may not want to encounter one on a hike, there's no denying that snakes are magnificent creatures — no matter how big or small they are. But when it comes to the biggest snakes in the world, nature truly knows no bounds. From the mighty green anaconda to the reticulated python, these giant snakes are jaw-dropping and deadly. They inhabit diverse environments across the globe, and each species has unique adaptations that allow them to thrive. How Do You Measure the World's Largest Snakes?
A Pit Viper Snake Can 'See' You, Even in the Dark
The rattlers depicted on yellow Gadsden flags and Craig Ferguson's coffee mug are all-American vipers. Noted for their venom, vipers make up a widespread snake family that's represented on most of the world's continents, Australia and Antarctica being the two exceptions. The venom of a pit viper snake is produced and held in twin glands behind the snake's eyes.
The Sea Snake Can Be More Venomous Than Rattlesnakes
The Sea Snake Can Be More Venomous Than Rattlesnakes Banded sea kraits, like this one in Indonesia, are part of the cobra family ( Elapidae ). ifish / Getty Images If you're an air-breathing sea snake, life in the tropical waters of the ocean is fraught with challenges. For instance, sea snakes regularly shed their skin like any other snake — but the process demands friction, and in the open sea, it can be hard to find a rock or reef to rub up against.
Milk Snake: Harmless Yet Colored for Danger
The pueblan milk snake (Lampropeltis triangulum campbelli), while harmless to humans, will feed on prey such as mice, rats, birds, lizards, frogs and other snakes. Joe McDonald/Getty Images A lot of animals are named after things they sometimes eat — anteaters eat ants, dung beetles feed on you-know-what. Then we have the milk snake, a vibrant type of North American serpent with no interest whatsoever in dairy products, despite its common name.
The Flying Snake Doesn't Fly So Much as Fall With Style
Mark Mancini 11 October 2024 at 10:05 am·5-min read Flying animals are common, but not particularly diverse. Birds, bats, insects and pterosaurs (extinct dinosaur relatives with complex wing membranes) are the only four groups of organisms that've ever evolved the ability to fly. So what about the so-called flying snake? The sky's not the limit for "flying" snakes in the genus Chrysopelea.
Christopher Snook: Can we talk about this? Why Canadian politics needs more debate, not less
It was an early 20th-century commonplace that “what is under works up.” This was true of Freudian psychoanalysis, which presaged our commonplace assumption that the repressed finds one way or another to return. It was also true of the period’s literature (think of T.S. Eliot and Virginia Woolf) which explores the difficult and pervasive presence of the past. As William Faulkner famously notes: “The past is not dead.
Mark Mancini: The Supreme Court is supposed to safeguard our legal system, not radically undermine it
Commentary 10 October 2024 Richard Wagner, Chief Justice of Canada, during a ceremony at the Supreme Court of Canada in Ottawa, Nov. 28, 2022. Sean Kilpatrick/The Canadian Press. Should judges ignore past precedents—simply because they are old? What would happen to the rule of law if justices jettisoned statutes simply because they pre-date the Canadian Charter of Rights and Freedoms?
Two Uses of Purpose in Statutory Interpretation
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The Rat Snake Is More Essential Than You Realize
Corn snakes are some of the most popular pet snakes because they're gentle and easy to care for. Predrag Popovski/Getty Images You are what you eat. The bat falcon of Central and South America is so named because it's a bird that hunts flying mammals. So it goes with rat snakes. Found throughout much of the Northern Hemisphere, these reptiles often serve as de facto rodent exterminators.
Why the Corn Snake Is the Perfect Pet For Reptile Enthusiasts
For $1,500, you could buy a used car, a new laptop — or a "palmetto morph" corn snake. Among reptile enthusiasts, the corn snake (Pantherophis guttatus) is often touted as the perfect beginner's serpent, an ideal pet for first-time snake-keepers. They're easy to take care of, and the reptiles come in a rainbow of colors and patterns. Breeding "corns" can be lucrative because some rare variants — like the palmetto morph, a whitish snake adorned with tiny red spots — command hefty price tags.
FOXES, HENHOUSES, AND THE CONSTITUTIONAL GUARANTEE OF JUDICIAL REVIEW
Abstract Canadian legislatures cannot completely forbid judicial review of administrative action. This has been a matter of constitutional law since the Crevier v AG (Quebec) decision. However, Crevier framed the constitutional guarantee of review around the much-maligned concept of jurisdictional error. In Canada (Citizenship and Immigration) v Vavilov, the Supreme Court held that jurisdictional errors were no longer relevant in conducting judicial review.
One Rule to Rule Them All: Subordinate Legislation and the Law of Judicial Review
Constitutional Law / Droit constitutionnel, English / Anglais, French / Français, Law in Brief / Droit en bref, Public Law / Droit public, Public Policy / Politique publique Article / Article, Criminal Law / Droit pénal, English / Anglais, Indigenous Law / Droit autochtone, Public Policy / Politique publique Access to Justice / Accès à la justice, Article / Article, Criminal Law / Droit pénal, French / Français, Public Law / Droit public
11 Ridiculously Overdue Library Books That Were Finally Returned
In July 2023, a rare books curator at West Virginia University Libraries was inspecting a box of donated books when he discovered one long past its due date. An Elementary Treatise on Electricity by the Scottish physicist James Clerk Maxwell had been checked out of the New Bedford, Massachusetts, public library on February 14, 1904—and it lacked a stamp indicating it had been officially taken out of circulation. That meant the book was more than 119 years overdue.
The Largest Carnivorous Dinosaur May Not Have Been T. Rex
Continue reading More for You
The Largest Carnivorous Dinosaur May Not Have Been T. Rex
They lived about 30 million years apart and never set foot on the same continent. Yet Giganotosaurus carolinii is always getting compared to the world's most popular dinosaur, the beloved and well-known Tyrannosaurus rex, both vying for the position of the largest carnivorous dinosaur in history. Everyone Knows the T.
Flying Spiders Glide Into New Territories
Defined as the "intense and irrational fear of spiders," arachnophobia is one of the more common animal phobias. In a 2017 U.K. poll, 24 percent of the respondents said they were "a little afraid of spiders" — and 16 percent were "very afraid." We bet those people were just thrilled to see headlines about flying spiders pop up on their social media news feeds in 2015. Here's the good news for arachnophobes: No spider can literally fly.
Are Daddy Longlegs Truly Spiders? Setting the Record Straight
Many of us have encountered the daddy longlegs in our day-to-day lives. They're far from the most venomous spider in the world; these creatures can't penetrate human skin, but the myth about their toxic venom exists nonetheless. But are daddy longlegs spiders — as in, are they actually, technically, spiders? Not if you're talking about a harvestman, one of the roughly 6,000 species that gets lumped into the "daddy longlegs" common name. "Common names are troublesome," Rick Vetter tells us via email.
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14 Great Gifts for Comic Book Fans
This article contains affiliate links to products selected by our editors. Mental Floss may receive a commission for purchases made through these links. It’s a bird! It’s a plane! No, it’s… that one comic book person in your life who’s really tough to buy for. Never fear, Mental Floss is here. We’ve got 14 great holiday gift ideas that should put a smile on any DC, Marvel, or Dark Horse fan’s face. Be the hero they deserve and check out these gift ideas for comic book fans. 1.
River-bottom Bones: The Strange World of Underwater Fossil Hunting
Cave of Wonders The American alligator may be synonymous with the South, but underwater fossil-hunting is a global pastime. Outside the U.S., divers have encountered paleo-treasures in such places as Australia, Bali, Brazil, Indonesia, Mexico and the Bahamas. Back in 2014, a bona fide "lemur graveyard" was discovered in the submerged caves of Madagascar's Tsimanampetsotsa National Park.
River-bottom Bones: The Strange World of Underwater Fossil Hunting
Winding through the South Carolina low country, the Cooper River is a reed-lined haven for sportfish and shorebirds. The waterway originates in Berkeley County's Lake Moultrie. From there, it proceeds all the way down to Charleston, where it merges with the Ashley and the Wando to form that city's world-famous harbor. (Ever hear of Fort Sumter?) The Cooper River took its name from Anthony Ashley Cooper, a 17th-century English lord.
Bureaucrats should not be arbiters of our online world
By Leonid Sirota and Mark Mancini When it comes to regulating the internet, Ottawa tells Canadians to simply “trust the experts.” The federal government has pursued a far-reaching internet regulation agenda. This includes the Online Streaming Act (previously known as Bill C-11) and the Online News Act (previously known as Bill C-18).
'Rainbow Lightning': One of Mother Nature's Rare Shows
The rainbow lightning phenomenon is a rare meteorological event that combines the colorful display of a rainbow with the dramatic appearance of lightning. For this phenomenon to occur, specific atmospheric conditions must align, including the presence of water droplets in the air and the appropriate positioning of the sun relative to the observer. Rainbow lightning showcases the intricate interplay between light, water and atmospheric phenomena. He'd spent seven years looking for the perfect shot.
What’s the Difference Between Jaguars and Leopards?
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11 Facts About the Freedom Riders
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11 Facts About the Freedom Riders
The Freedom Riders did not let racist violence deter them from dismantling segregated bussing. The Freedom Riders were a brave group of more than 400 civil rights activists, many of whom were just teenagers, who put their lives on the line to dismantle segregated busing in 1961. By doing so, they secured what historian Ray Arsenault called the civil rights movement’s “first unambiguous victory” [PDF]. Here are some essential facts about the Freedom Riders and their mission. 1.
Titanoboa: Exploring Colombia's Prehistoric Giant Snake
The extinction of the dinosaurs (birds notwithstanding) 65.5 million years ago marked the dawn of our current geologic era: the Cenozoic, or the "Age of Mammals." But don't let the nickname fool you. Although mammals diversified like crazy in the Cenozoic, Earth was not yet done with giant reptiles like Titanoboa cerrejonensis. The colossal snake would make modern anacondas and pythons look like spaghetti noodles in comparison. Cerrejón is a vast coal mine in northern Colombia.
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