Administrative Law Matters

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

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Judicial Review, Judicial Independence and Cabinet Confidentiality: British Columbia (Attorney General) v Provincial Court Judges’ Assocation of British Columbia, 2020 SCC 20

Last week’s Supreme Court of Canada decision in British Columbia (Attorney General) v. Provincial Court Judges’ Association of British Columbia, 2020 SCC 20 is most important for what it says about some relatively niche issues of Canadian public law but it also touches on broader matters, such as the relationship between procedure and substance in […] Read more

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Vavilov for Administrative Tribunals

Since the Supreme Court of Canada’s decision in Vavilov, I have given a number of presentations to administrative tribunal members on the implications of the revised understanding of reasonableness review. Here is the heart of the presentation, focusing on four key post-Vavilov issues In Vavilov, the majority identifies “two types of fundamental flaws…that may show […] Read more

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Explaining the Growth of Judicial Review

Over at the United Kingdom Constitutional Law Association blog, I have written a post about my forthcoming article on the “Culture of Justification” in administrative law, penned in response to a recent post by Professor Jason Varuhas. As he observes, the procedural and substantive law of judicial review has changed greatly in recent decades, a […] Read more

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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