Royal Treatment: Special Treatment for the Crown in Canadian Administrative Law
The paper I prepared for the ‘Deference or Drift’ conference (that I was unfortunately unable to attend in person) focuses on several areas of administrative law doctrine in which Canadian courts have given the Crown special treatment that they do not give statutory decision-makers. Here is the first part… The Supreme Court of Canada has […] Read more
On the Record: Bernard v. Canada (Revenue Agency), 2015 FCA 263
I have written before, somewhat sceptically, about the problem of ‘rebottling old wine’, updating the adjectival law of judicial review to take account of developments in the substantive law. Stratas J.A. had an interesting take on the question of the content of the record for judicial review in Bernard v. Canada (Revenue Agency), 2015 FCA […] Read more
Happy New Year!
A belated welcome to 2016. Normal post-holiday service should now resume. Some good news to begin the year. Administrative Law Matters won the 2015 Fodden Award for Best Canadian Law Blog. Here are the very kind and generous words of the judges: This was one of our toughest choices in years, thanks to the incredible […] Read more
A New Angle on the TWU Saga: Trinity Western University v. The Law Society of British Columbia, 2015 BCSC 2326
The latest decision in Trinity Western University’s battle to have its law school accredited by Canadian law societies comes from British Columbia: Trinity Western University v. The Law Society of British Columbia, 2015 BCSC 2326. While the cases in other jurisdictions (Nova Scotia and Ontario) have considered grand constitutional questions, this one focused on traditional […] Read more