Administrative law

Articles

The Language of Administrative Law

Administrative law has changed radically in its scope and breadth in recent decades. Old analytical frameworks have been cast aside and replaced by more open-textured concepts, such as “legality”, “rationality” and “fairness”. In demonstrating that administrative decisions are beyond the legal pale, lawyers have resort to various devices: mission statements, labels, terminological exactitude, metaphors and […] Read more

Reviews and Others

Best Practices in Administrative Decision-Making: Viewing the Copyright Board of Canada in a Comparative Light

This report focuses on the decision-making process used by the Copyright Board of Canada for tariff setting. Previous reports have identified delays in tariff setting as a problem to be resolved. Drawing on the decision-making processes of comparable federal administrative tribunals and recent civil justice reforms in Canada, this report makes several recommendations as to […] Read more

Articles

Les appels administratifs au Canada (Administrative Appeals in Canada)

French Abstract: Dans divers régimes réglementaires canadiens, le législateur – autant au fédéral qu’au provincial – a créé un droit d’en appeler d’une décision à l’intérieur d’un organisme administratif. Quelles normes doit alors appliquer l’instance d’appel?La problématique de la norme de révision à l’intérieur d’un organisme réglementaire est devenue de plus en plus pressante depuis […] Read more

Comments

Soft Law and Religious Freedom: Ishaq v. Minister of Citizenship and Immigration, 2015 FC 156

Ishaq v. Minister of CItizenship and Immigration, 2015 FC 156 has received enormous media attention. The case touches on whether the government can require an applicant for Canadian citizenship to take off her niqab before she takes the oath of allegiance. Moreover, having lost at first instance, the federal government was very loud in announcing […] Read more

Comments

Human Rights Tribunals and Reviewing Courts in Canada

Canada’s Human Rights Tribunals have extensive powers to investigate and redress alleged breaches of fundamental rights by public and private parties. These statutory rights overlap but do not mirror the rights protected constitutionally; the human rights codes they are found in are usually described as “quasi-constitutional”. But Canadian courts have typically been cautious in allowing […] Read more

Comments

Justiciability of the Prerogative: Hupacasath First Nation v. Canada (Attorney General), 2015 FCA 4

The Federal Court of Appeal decision in Hupacasath First Nation v. Canada (Attorney General), 2015 FCA 4 on justiciability of international treaties, the prerogative in respect of foreign affairs, the duty to consult First Nations and the jurisdiction of the federal courts is hugely significant (first-instance decision noted here). At issue was a foreign investment promotion […] Read more