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

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

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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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

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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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

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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Administrative Monetary Penalties and Bankruptcy: Poonian v. British Columbia (Securities Commission), 2024 SCC 28

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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Administrative Law & Governance Colloquium 2025: Justifying Judicial Review

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