Administrative Law Matters
Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.
Sean Rehaag on the Luck of the Draw
Osgoode’s twitter feed alerted me yesterday that Sean Rehaag has an interesting empirical analysis of judicial review determinations by the Federal Court on SSRN. His dataset includes leave determinations and determinations on the merits in refugee cases.The title of his working paper is “The Luck of the Draw? Judicial Review of Refugee Determinations in the […] Read more
Towards a Right to Respond in Immigration Law?
You know when academics say, “Some of my best ideas come from students”? Sometimes, we mean it.A student I had a couple of years ago came to talk to me about procedural fairness in administrative law. “Why don’t you focus more on the right to respond? We talk about hearings, the right to counsel, and […] Read more
Precedent and Administrative Law — Again
I have previously blogged about the place of precedent in modern Canadian administrative law. The basic idea is not difficult to grasp. In Canada there is no presumption that there is a “right” answer to any question of law or discretion that arises before administrative bodies. Accordingly, administrative bodies are not bound by their previous […] Read more
The Constitution of Administrative Law
There is much interest in the United States these days in the “unwritten constitution”. Better late than never, those of us schooled in the Old World might mutter. Snark aside, one of the spin-offs is some interesting work on the place of administrative law in this unwritten constitution. Americans have long been troubled by the […] Read more
Data Destruction and Public Law: Part II
You may be baffled by the gun registry decision, even having read my earlier explanatory post. You might think along the following lines: the federal government set this registry up in the first place, using its power to enact criminal laws, by making it an offence not to register certain weapons. If that is so, […] Read more
Data Destruction and Public Law: Part I
Major kudos must go to the Québec government’s team of lawyers, who masterminded the challenge which resulted yesterday in the grant of a permanent injunction against the destruction of the long-gun registry data by the federal authorities. The challenge was not taken seriously by most public lawyers when it was first mooted. Personally, I always […] Read more
Some Justiciability Hypotheticals
Blogging has been light recently: teaching, writing and administrative commitments, allied to some technical problems, have been holding me up.One interesting recent case, which I consider a useful launching pad for a consideration of justiciability, is Guergis v. Novak, 2012 ONSC 4579. Ms. Guergis is a former minister in the federal cabinet: you can read […] Read more
The Douglas Inquiry
Over at slaw.ca, Simon Fodden points us in the direction of the Canadian Judicial Council’s website, which has a collection of documents relevant to the Douglas Inquiry. For those of you who have been dwelling under rocks, this Inquiry is into a sad and sordid tale involving Justice Douglas and her former partner. Like Simon, […] Read more
Procedural fairness for competitors to licence applicants?
The Manitoba Court of Appeal, in London Limos v. Unicity Taxi Ltd., 2012 MBCA 75, recently discussed whether market participants in regulated industries have any procedural rights when new companies apply to enter the market. The answer in this case was some, but not many. London Limos applied to the provincial Taxicab Board for licences […] Read more
Making sure you are exhausted before seeking judicial review
Volochay v. College of Massage Therapists of Ontario, 2012 ONCA 541, involves a masseur, (alleged) extra-marital sex, (alleged) intimidation of a witness and (allegedly) a vengeful government agency. A story interesting enough, then, to survive even the following injection of administrative law principles.A former patient of the applicant’s made a complaint against him, on the […] Read more