Administrative Law Matters
Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.
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Talk at Université de Montréal (Friday, February 2, 11.30)
Paul Daly January 29, 2024
I am honoured (and a little bit intimidated!) to have been invited to participate in the ‘cycle de conférences‘ of the Chaire Jean-Louis Baudoin at my old stomping ground, the Université de Montréal, on Friday. I’ll be talking about the civil-law style in administrative law and how to reconcile it with the approach of common […] Read more
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Judicial Review in Canada: Where are We Now?
Paul Daly January 29, 2024
I have been working on a ‘year in review’ publication for the Energy Regulation Quarterly, which should be published open-access in English and French in the not-too-distant future. To whet your collective appetite, here are some opening thoughts… Canadian administrative law is, at present, in a relatively settled state. The years since the seminal Supreme […] Read more
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Procedural Fairness and Regulatory Policy: Alta Link Management Ltd v. Alberta Utilities Commission, 2023 ABCA 325
Paul Daly January 23, 2024
A rare defeat for a regulator on an issue of procedural fairness occurred in Alta Link Management Ltd v. Alberta Utilities Commission, 2023 ABCA 325. At issue here were a series of decisions made by the Commission relating to the recovery, through rates, of expenses incurred in Alberta’s transmission and distribution network. To be more […] Read more
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The Application of the Open Court Principle to Administrative Tribunals: Canadian Broadcasting Corporation v. Canada (Parole Board), 2023 FCA 166
Paul Daly January 12, 2024
In an interesting recent decision, the Federal Court of Appeal grappled with the scope of the ‘open court’ principle. In Canadian Broadcasting Corporation v. Canada (Parole Board), 2023 FCA 166, the CBC sought judicial review of the Board’s refusal to release copies of the audio recordings of parole hearings of three offenders, amongst them Paul […] Read more
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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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“Gendered Misconduct in Academia”: Journal of European Competition Law & Policy Editorial
Paul Daly December 13, 2023
There is a remarkable editorial in the latest issue of the Journal of European Competition Law & Policy by a group of female scholars. Here is an extract: Small informal meetings with fellow academics painted a gloomy picture. People shared their experiences: from gender-based discrimination to outright sexist, racist or otherwise bigoted comments, to persistent […] Read more
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The Doctrinal Roots of Charter Values
Paul Daly December 11, 2023
In one of the most interesting scholarly works of the past decade, Professor Peter Cane offered, in Controlling Administrative Power: An Historical Comparison (CUP, 2016), an institutional explanation for divergence between jurisdictions. He identified the “similarities and differences” in the “systems of government” (at 2) as an explanatory device and went on over the course […] Read more
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Die Another Day: Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territories (Education, Culture and Employment), 2023 SCC 31
Paul Daly December 8, 2023
Reports of the demise of the framework set out in Doré v. Barreau du Québec, 2012 SCC 12, [2012] 1 SCR 395 have been greatly exaggerated. Today, in Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territories (Education, Culture and Employment), 2023 SCC 31, the Supreme Court of Canada resoundingly restated Doré, now superpowered […] Read more
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The Section 35 Order was Lawful After All: Re Scottish Ministers’ Petition 2023 CSOH 89
Paul Daly December 8, 2023
Earlier this year I mused about whether the UK government’s first use of the veto power in s. 35 of the Scotland Act 1998 was lawful. Today, the Outer House of the Court of Session (the first-instance judicial review court in Scotland) decided that it was: Re Scottish Minister’s Petition 2023 CSOH 89. The lynchpin […] Read more
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When Can “Policy” Be Taken into Account?
Paul Daly December 5, 2023
In my last post in this series (see also here and here), I consider when “policy” can be taken into account by administrative decision-makers. In what circumstances can the “policy” memorialized in the instruments described in the previous post be taken into account by administrative decision-makers? The answer to this question is two-fold: it depends, […] Read more