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Court Fees, Constitutional Rights and the Common Law

In a remarkable decision yesterday, the Supreme Court of Canada struck down British Columbia’s regime of court fees as unconstitutional: Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2014 SCC 59. A litigant was faced with a $3,600 bill for scheduling a 10-day trial. She could not pay the court fees — […] Read more

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The “Common Objective” of Courts and Administrators: Correctly Applying the Principles of Statutory Interpretation?

How should we describe what administrative decision-makers do when they interpret statutory provisions? In my view, they are making/interpreting/doing “law”, even if it is infused with policy considerations in a way that the judicial function is (arguably) not. Does it follow that they should perform this “law” function in the same way that courts do? […] Read more

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Public Law Conference

Light blogging this week as I have just arrived in Cambridge for the inaugural Public Law Conference. You can download my paper on administrative law values here. I hope to have a round-up when I return!   UPDATE: the links are not working, so here they are in turn: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2460264 http://www.publiclawconference.law.cam.ac.uk   Read more