Administrative Law Matters
Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.
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Administrative Law & Governance Colloquium 2024: Executive Power
Paul Daly January 4, 2024
You can now register for this year’s Administrative Law & Governance Colloquium on “Executive Power”. Registration is open and you can also simply join any or all of the webinars by clicking the links below or in the attached PDF. Here is a description of this year’s series: Executive power has been the site of […] Read more
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An Appealing Analysis: Yatar v TD Insurance Meloche Monnex, 2024 SCC 8
On Friday, the Supreme Court of Canada handed down its much-anticipated decision in Yatar v TD Insurance Meloche Monnex, 2024 SCC 8. As expected (by me at any rate), the Court reversed the approach below and (correctly, in my view) described the role of discretion in judicial review proceedings. In reasons written by Rowe J, […] Read more
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Reminder: Prerogative Powers with Professor Philippe Lagassé, March 18, 11.30 eastern
Tomorrow, Professor Philippe Lagassé (Carleton) will be joining me on the Administrative Law & Governance Colloquium, on the subject of prerogative powers. Professor Lagassé will be discussing a draft manuscript based on research done under a large grant from the Social Sciences and Humanities Research Council. He will offer some arresting conclusions about similarities in […] Read more
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Limited Rights of Appeal: Constitutional Traditionalists
For the opening post in this series, see here. Constitutional traditionalists take a broad view of Crevier and a narrow view of legislative intent. For members of this camp, judicial review for substantive reasonableness and procedural fairness must always be available, on issues of law and issues of fact alike. The only situation in which […] Read more
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Limited Rights of Appeal: Discretion Advocates
For the opening post in this series, see here. Those in the discretion camp do not take sides as between legislative intentionalists and constitutional traditionalists. Rather, they would use the remedial discretion of the superior courts to refuse to grant a remedy for factual error in most cases. In that way, respect can be paid […] Read more
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Limited Rights of Appeal: Legislative Intentionalists
For the opening post in this series, see here. The legislative intentionalists take a narrow view of Crevier and a broad view of institutional design. In their view, judicial respect for legislative intent demands that partial restrictions on judicial review (such as appeals limited to questions of law or jurisdiction) be given effect, as long […] Read more
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Limited Rights of Appeal: Three Camps
The Supreme Court of Canada announced yesterday that it will release its reasons for judgment in the appeal from Yatar v. TD Insurance Meloche Monnex,2022 ONCA 446 on Friday. This decision is coming sooner than I expected based on the average time administrative law matters have spent on reserve: this one was heard in November […] Read more
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Deprivations of Procedural Fairness: Begum v Secretary of State for the Home Department [2024] EWCA Civ 152
Blogging has been slow recently. Work has not, though, and with any luck I will be able in the not-so-distant future to share some of what I have been toiling away at. In the meantime, the decision of the Court of Appeal for England and Wales in Begum v Secretary of State for the Home Department […] Read more
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Reminder: Peter Shane on Presidential Powers Wednesday 11.30 eastern time
Paul Daly February 26, 2024
A reminder that Professor Peter Shane (NYU) will be joining me on Wednesday, at 11.30 eastern time, in the latest instalment of this year’s Administrative Law & Governance Colloquium on “Executive Power“. Professor Shane and I will be discussing his book Democracy’s Chief Executive: In the eyes of modern-day presidentialists, the United States Constitution’s vesting […] Read more
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Losing Confidence: Ontario (Attorney General) v. Ontario (Information and Privacy Commissioner), 2024 SCC 4
Paul Daly February 5, 2024
The Supreme Court of Canada’s most recent entry in its standard of review catalogue is Ontario (Attorney General) v. Ontario (Information and Privacy Commissioner), 2024 SCC 4. Here, the Commissioner had ordered that mandate letters issued by the Premier of Ontario to his cabinet ministers should be released under the Freedom of Information and Protection […] Read more
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Not *That* Urgent: Canadian Frontline Nurses v. Canada (Attorney General), 2024 FC 42
Paul Daly January 30, 2024
Readers will no doubt have noticed Justice Mosley’s decision last week in Canadian Frontline Nurses v. Canada (Attorney General), 2024 FC 42, holding that the invocation of the Emergencies Act by the federal government in 2022 was unlawful, both because the reasons given lacked justification given the constraints of the Act (and the facts) and […] Read more