Administrative Law Matters

Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.

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Making Sense of the Making Available Right: Entertainment Software Assoc. v. Society Composers, 2020 FCA 100 (Webinar, June 23, 2pm EST)

With the support of the Centre for Law, Technology and Society I will be moderating a discussion of the recent Federal Court of Appeal decision in Entertainment Software Assoc. v. Society Composers, 2020 FCA 100, a case at the intersection of copyright law and administrative law. I will be joined by Carys J. Craig (Osgoode […] Read more

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Leading Works in Public Law: de Smith’s Judicial Review of Administrative Action — “The Significance”

I am currently working on a chapter for “Leading Works in Public Law”, a collection edited by Ben Yong and Patrick O’Brien. My chapter is on SA de Smith’s Judicial Review of Administrative Action. Here is a draft of the third section, on “The Significance” The Significance Judicial Review of Administrative Action was “the first […] Read more

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Vavilov and the Culture of Justification in Contemporary Administrative Law

Although this year’s Osgoode Constitutional Cases Conference was cancelled due to the COVID-19 pandemic, the annual issue of the Supreme Court Law Review containing papers from the Conference is going ahead. My paper is entitled “Vavilov and the Culture of Justification in Contemporary Administrative Law“. Here is the abstract: The Supreme Court of Canada’s decision […] Read more

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Broad Regulations on Narrow Statutory Bases: The First Nations Election Cancellation and Postponement Regulations (Prevention of Diseases) SOR/2020-84

One of the questions from the audience at last week’s Centre for Constitutional Studies Webinar on Emergency Powers and Legal Principle (accessible free of charge here) was about the legality of the First Nations Election Cancellation and Postponement Regulations (Prevention of Diseases), SOR/2020-84. Articles 2, 3 and 4 of the Regulations provide in respect of […] Read more

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Doré and Vavilov, A Surreply

Mark Mancini has posted a reply to my response to the paper in which he argues that Doré and Vavilov cannot be or are difficult to reconciled. I suppose this, then, is a surreply (civil procedure mavens should feel free to correct my terminology and hyphenation). I think Mancini shifts the goalposts in his reply […] Read more