Administrative Law Matters
Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.
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Unchartered Territory: York Region District School Board v. Elementary Teachers’ Federation of Ontario, 2024 SCC 22 and Dickson v. Vuntut Gwitchin First Nation, 2024 SCC 10
Paul Daly September 30, 2024
In two cases this year, the Supreme Court of Canada revisited the scope of application of the Charter of Rights and Freedoms. In York Region District School Board v. Elementary Teachers’ Federation of Ontario, 2024 SCC 22, the Court held that the Charter applies to Ontario school boards. And in Dickson v. Vuntut Gwitchin First […] Read more
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Discrimination and Regulation-Making: Procureur général du Québec c. Kanyinda, 2024 QCCA 144 and Lauzon-Foresterie (Fiducie) c. Municipalité de L’Ange-Gardien, 2024 QCCA 506
Paul Daly September 23, 2024
A few months ago I posted on a couple of recent appellate decisions on discriminatory bylaws (see here). My excellent doctoral student Paul-David Chouinard noted that the Quebec Court of Appeal has also weighed in on this issue twice recently, in Lauzon-Foresterie (Fiducie) c. Municipalité de L’Ange-Gardien, 2024 QCCA 506 and Procureur général du Québec […] Read more
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Collaboration at the Intersection of Administrative Law and Political Science
Paul Daly September 20, 2024
For a forthcoming contribution to an edited collection on interdisciplinary work in law and political science, I was asked to prepare a comment on a (very good) chapter by Dennis Baker and David Said. Here is Part II, on areas for potential collaboration between administrative lawyers and political scientists. See Part I here. A recent […] Read more
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The Reviewability of Policy: Harold the Mortgage Closer Inc. v. Ontario (Financial Services Regulatory Authority, Chief Executive Officer), 2024 ONSC 4464 and Air Passenger Rights v. Canada (Attorney General), 2024 FCA 128
Paul Daly September 16, 2024
Two recent Canadian cases have dealt with the reviewability of soft law instruments and, in both instances, the courts came out against judicial review. In Harold the Mortgage Closer Inc. v. Ontario (Financial Services Regulatory Authority, Chief Executive Officer), 2024 ONSC 4464, the applicants challenged guidance issued by the Authority. Under the guidance, the Authority […] Read more
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Collaboration at the Intersection of Administrative Law and Political Science
Paul Daly September 12, 2024
For a forthcoming contribution to an edited collection on interdisciplinary work in law and political science, I was asked to prepare a comment on a (very good) chapter by Dennis Baker and David Said. Here is Part I, on the divide between administrative lawyers and political scientists. In their contribution to this collection, Baker and […] Read more
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The Discretion/Determination Distinction and Questions of Institutional Design: Dow Chemical Canada ULC v. Canada, 2024 SCC 23 and Iris Technologies Inc. v. Canada, 2024 SCC 24
Paul Daly September 9, 2024
In a pair of cases decided this summer, the Supreme Court of Canada addressed the division of jurisdiction between Canada’s tax court and federal courts. In both Dow Chemical Canada ULC v. Canada, 2024 SCC 23 and Iris Technologies Inc. v. Canada, 2024 SCC 24, the Court had to determine the appropriate venue for judicial […] Read more
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Useless Appendices: Kolner v Alberta (Director of SafeRoads), 2024 ABKB 456
Paul Daly September 5, 2024
As is well known, the appendix is a useless body part*. In Kolner v Alberta (Director of SafeRoads), 2024 ABKB 456, Bokenfohr J had to consider the legal utility of an appendix. It turns out that an appendix fares no better in administrative law than it does in the popular imagination. I have noted in […] Read more
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Administrative Monetary Penalties and Bankruptcy: Poonian v. British Columbia (Securities Commission), 2024 SCC 28
Paul Daly September 3, 2024
A favoured tool of contemporary legislatures and regulators is the administrative monetary penalty. Rather than imposing criminal liability on regulated entities for breaches of industry standards, legislatures have regularly chosen to empower regulators to impose fines — often substantial — on offenders. These administrative monetary penalties have become an important part of the modern regulatory […] Read more
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New Material: LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12
Paul Daly August 27, 2024
The High Court of Australia has for several years now struggled with the concept of materiality in the law of judicial review (see my piece from 2019). The judges have at times been squarely at odds about the meaning and scope of the concept. In LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural […] Read more
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Administrative Law & Governance Colloquium 2025: Justifying Judicial Review
Paul Daly August 22, 2024
The theme for next year’s Administrative Law & Governance Colloquium is “Justifying Judicial Review”: Western constitutional democracies live in turbulent times, buffeted by populism, technological development, globalization and other challenges. Some see the courts as bastions of principle capable of helping countries to navigate contemporary storms. But others view judges as unelected philosopher kings who […] Read more