Leonid Sirota, Lecturer at AUT Law School in Auckland, New Zealand, and author of Double Aspect Blog, discusses originalism, the legal interpretive theory which posits that a law’s original meaning should govern its subsequent interpretation and application. We discuss whether originalism has been rejected by Canadian courts, particularly the Supreme Court of Canada, the normative case for (and against) originalism, common criticisms, and why the 1L constitutional law staple Reference re Persons doesn’t mean what you think it means.

Dr. Sirota’s talk at the Université de Montréal can be viewed here.