Some Thoughts on the SCC Decision in Agraira
The Supreme Court of Canada rendered, through the pen of LeBel J., a unanimous judgment in Agraira v. Canada (Public Safety and Emergency Preparedness), 2013 SCC 36 last week. The applicant is a Libyan national. He first sought and was refused refugee status: he claimed that he was a member of the Libyan National Salvation […] 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
Unanswered Questions post-Dunsmuir
In a recent decision, Justice Stratas of the Federal Court of Appeal raised a host of questions about the applicability of the Supreme Court of Canada’s re-shaping of judicial review doctrine to decisions taken by discretionary decision-makers:  I am inclined to find that the Director is subject to this “normal” or […] Read more
A Slightly Less Cold House for Foreign Investors
One of the components of the Federal Government’s omnibus budget bill, the Jobs, Growth and Long-term Prosperity Act, involves amendments to the Investment Canada Act. In certain circumstances, take-overs by foreign persons of Canadian corporations must be reviewed by the Minister for Industry and, if the Minister concludes that the proposed investment is not of […] Read more