Administrative Law Matters

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

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Discriminatory By-Laws and Reasonableness: GSI Global Shelters Developments Ltd. v Rural Municipality of Last Mountain Valley No. 250, 2024 SKCA 30 and Canadian Natural Resources Limited v. Fishing Lake Metis Settlement, 2024 ABCA 131

In the classic case of Kruse v. Johnson, [1898] 2 QB 91, Lord Russell of Killowen CJ set out a test of unreasonableness for municipal by-laws. One basis for invalidity, under the broad heading of unreasonableness, was where the by-law in question was “found to be partial and unequal in [its]  operation as between different […] Read more

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Unsettling Practices in Public Administration: KR and LR (A Minor) v Health Service Executive [2024] IEHC 255

One of the great unseen issues in public administration is the settlement of applications for judicial review. There has been a general trend in recent years towards the encouragement of out-of-court negotiations between applicants and public bodies. There are obvious benefits to settlement, in terms of sparing scarce judicial resources, permitting both sides to retain […] Read more

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Carbon-Neutrality Tomorrow and Energy Regulation Today

Like many developed countries, Canada has committed to significantly reducing greenhouse gas emissions in the coming decades. The federal government has committed to achieving net-zero emissions by 2050: see the Canadian Net-Zero Emissions Accountability Act, SC 2021, c 22. Even the provinces that are often at loggerheads with the federal government about climate policy acknowledge […] Read more