Public law theory

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

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

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Considering Charter Values: Iacovelli v. College of Nurses of Ontario, 2014 ONSC 7267

As is well-known, the Supreme Court of Canada stated in Doré v. Barreau du Québec, [2012] 1 SCR 395 that administrative decision-makers must consider Charter values in the exercise of discretionary powers. However, this duty has recently been cast in very limited terms by a strong bench of Ontario’s Divisional Court in Iacovelli v. College […] Read more

Reviews and Others

L’abolition du registre des armes d’épaule : le rôle potentiel des principes non écrits

French Abstract: L’appel devant la Cour suprême dans l’affaire Canada (Procureur général) c. Québec (Procureur général), soulève une question d’interprétation constitutionnelle : est-ce que sa compétence en matière de droit criminel permet au Parlement d’abroger une loi et d’un seul coup détruire unilatéralement toutes les données recueillies sous l’égide de cette même loi? Notamment, cette question […] Read more

Comments

Court Fees, Constitutional Rights and the Common Law

In a remarkable decision yesterday, the Supreme Court of Canada struck down British Columbia’s regime of court fees as unconstitutional: Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2014 SCC 59. A litigant was faced with a $3,600 bill for scheduling a 10-day trial. She could not pay the court fees — […] Read more

Books

Judicial Deference to Administrative Tribunals in Canada: its History and Future

Is the decision of an administrative tribunal owed deference on the review standard of “reasonableness”? What constitutes an “unreasonable” interpretation of the law? What is the proper application of the deferential standard of review? In short – and based on the ongoing evolution of the deference doctrine – when is it appropriate for a reviewing […] Read more