Administrative Law Matters

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A Week of Arguments about Deference

Last week’s output from the Supreme Court of Canada featured four administrative law cases: one about the analytical tools used by the Correctional Service of Canada for dealing with aboriginal offenders (Ewert v. Canada, 2018 SCC 30); one about the Canadian Human Rights Tribunal’s refusal to entertain discrimination claims brought by members of Indigenous communities  […] Read more

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Right and Wrong on the Scope of Judicial Review: Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall, 2018 SCC 26

Sometimes courts reach the right results for the wrong reasons. The Supreme Court of Canada’s decision in Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall, 2018 SCC 26, an important case about the scope of judicial review of administrative action, is a good example. The outcome is surely the right one, but the way […] Read more

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“Unfairness” in Administrative Law: R (Gallaher Group Ltd) v Competition and Markets Authority [2018] UKSC 25

There is a very useful discussion of the relationship between the “language” of administrative law and the grounds of review of judicial review of administrative action in the recent decision of the UK Supreme Court in R (Gallaher Group Ltd) v Competition and Markets Authority [2018] UKSC 25. At issue here was differential treatment of […] Read more

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