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Broad Regulations on Narrow Statutory Bases: The First Nations Election Cancellation and Postponement Regulations (Prevention of Diseases) SOR/2020-84
One of the questions from the audience at last week’s Centre for Constitutional Studies Webinar on Emergency Powers and Legal Principle (accessible free of charge here) was about the legality of the First Nations Election Cancellation and Postponement Regulations (Prevention of Diseases), SOR/2020-84. Articles 2, 3 and 4 of the Regulations provide in respect of […] Read more
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Doré and Vavilov, A Surreply
Mark Mancini has posted a reply to my response to the paper in which he argues that Doré and Vavilov cannot be or are difficult to reconciled. I suppose this, then, is a surreply (civil procedure mavens should feel free to correct my terminology and hyphenation). I think Mancini shifts the goalposts in his reply […] Read more
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Vavilov and Municipalities: There Really is a New Boss (Nick Falzon)
This is a post by lawyer Nick Falzon (Young Anderson), prompted by the recent Guest Posts from the West Coast series As a lawyer operating “in the trenches” of post-Vavilov municipal administrative law, I write this respectful response to Professor Alexandra Flynn’s post: “There’s a New Boss in Town: Vavilov and Municipalities”. While I agree […] Read more
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Governmental Responses to COVID-19 and the Limits of Law
This is a draft of part of the chapter I submitted to a forthcoming collection (from the University of Ottawa Press) on the law, policy and ethics of COVID-19. I discussed the different “forms of governmental power” in a previous blog (see here). Comments welcome! Parliamentary sovereignty forms part of the constitutional bedrock of Westminster-style […] Read more
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Some Upcoming Webinars
Readers may be interested in some upcoming webinars which are open to the general public. First, on May 20 at 2pm EST, I will be speaking (with Professor David Dyzenhaus) on a Centre for Constitutional Studies panel, “COVID-19: Emergency Powers and Legal Principle“. This webinar is free. On May 25 and May 26, 12pm EST, […] Read more
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Escape from Carltona? R v Adams [2020] UKSC 19
On two occasions in the 1970s, Gerry Adams, allegedly a leading member of the Irish Republican Army at the time and later a prominent Sinn Féin politician, was convicted of attempting to escape from lawful custody. Adams had been imprisoned under an interim custody order (ICO) as part of the British government’s policy of internment, […] Read more
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Regulating the COVID-19 Pandemic: Forms of State Power and Accountability Challenges
This post originally appeared on the blog of the Centre for Constitutional Studies As part of the Verfassungsblog’s excellent symposium on legal responses to the COVID-19 pandemic, Dean Knight penned an especially insightful contribution on New Zealand, noting how the response alla fine del mondo has taken various forms. In this post, I hope to […] Read more
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Rethinking Judicial Oversight in a Time of Crisis (Cristie Ford)
Re-posted with permission from the Regulatory Review, where it was part of the Comparing Nations’ Responses to COVID-19 series. Cristie Ford is a professor and associate dean at the Peter A. Allard School of Law at the University of British Columbia. After the destruction of the Second Temple in Jerusalem in 70 C.E., the Jewish […] Read more
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Unresolved Issues after Vavilov
Here is my collection of posts on the issues left outstanding by Vavilov: Internal appeals The Doré Framework Procedural Fairness Read more
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Unresolved Issues after Vavilov III: Procedural Fairness
Several years ago, there was lively debate about the standard of review of questions of procedural fairness. For one thing, the Dunsmuir framework was general in nature, presumptively covering the whole field of judicial review of administrative action. In a large number of cases, procedural fairness issues would have fallen into Dunsmuir’s reasonableness categories, as […] Read more