Judicial Oversight and Open Justice in Administrative Proceedings

Two pieces of proposed legislation are currently winding their way through Parliament, one about judicial discipline, one about compensation for air travel passengers. As drafted, both bills prompt serious questions about judicial oversight and open justice. Judicial Oversight Several judicial discipline cases in recent times have become bogged down in lengthy litigation, paid for out […] Read more


Opening Up Government: Portnov v. Canada (Attorney General), 2021 FCA 171

In Canada, it has historically been very difficult to shed light on the decision-making processes of the highest levels of government. Cabinet decision-making is protected by conventions of confidentiality, public-interest immunity and, at the federal level, the regime under the Canada Evidence Act. Even when constitutional principles, such as judicial independence, are in play, disclosure of cabinet-level […] Read more


Too Simple

President Trump’s Executive Order on immigration derives its authority from the following statutory provision: Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall […] Read more