Section 1 of the Charter: A (Con)Way Out of the Morass?
Section 1 of the Charter of Rights and Freedoms provides that any infringement of a Charter right must be “prescribed by law”, a requirement that must be satisfied by the government before an application of the proportionality test. The jurisprudence on section 1 is very messy and has been criticized. Indeed, the Supreme Court of […] Read more
The Charter and Administrative Adjudication
The Supreme Court of Canada has been feverishly productive in the field of administrative law since the Fall of 2011, rendering decisions on standard of review (questions of law, jurisdictional error and labour arbitrators), the right to reasons, issue estoppel, attempts to pre-empt the administrative decision-making process, and review of municipal by-laws. Plenty of grist […] Read more