2022

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The Rise of Facts in Public Law I: Factual Assessments in Judicial Review of Administrative Action

In a draft book chapter I am working on with co-author Kseniya Kudischeva, we discuss the increased importance of factual assessments in public law. Here is the first of four substantive parts. Comments and thoughts welcome. Common law judges have traditionally been highly reluctant to interfere with factual assessments made by administrative decision-makers. This reluctance […] Read more

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Prerogative, Justiciability, Remedy: Acadian Society of New Brunswick v Canada (Prime Minister), 2022 NBQB 55

The remarkable decision in Acadian Society of New Brunswick v Canada (Prime Minister), 2022 NBQB 55 deserves comment, especially for its treatment of justiciability and remedy. Here, DeWare CJ declared that the appointment of a unilingual Anglophone Lieutenant-Governor for the bilingual province of New Brunswick was unconstitutional as it violated a variety of New-Brunswick-specific provisions […] Read more

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Recordings from the Administrative Law & Governance Colloquium 2022, “Artificial Administration: Automation, Digitization and Artificial Intelligence in Public Administration”

With thanks again to the speakers, the hundreds of participants and my partners (the Centre for Law, Technology and Society, the Centre for Public Law and the Centre on Governance), here are the recordings of this year’s Administrative Law & Governance Colloquium on the theme of “Artificial Administration”. Catherine Sharkey, “Government by Algorithm: Artificial Intelligence […] Read more

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Certified Questions, References and Reasonableness: Canada (Citizenship and Immigration) v. Galindo Camayo, 2022 FCA 50

In my post on “Unreasonable Bilingual Interpretations of Law“, I mentioned that the Supreme Court would have the opportunity in Canada (Citizenship and Immigration) v. Mason, 2021 FCA 156 (leave granted) to say more about the methodology of reviewing administrative interpretations of law. Mason raises other issues as well, one of which also arose in […] Read more

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Professor Teresa Scassa: “Administrative Law and the Governance of Automated Decision-making”

For those of you who weren’t able to join us live, here is Professor Teresa Scassa’s presentation on “Administrative Law and the Governance of Automated Decision-making” for this year’s Administrative Law & Governance Colloquium: https://www.youtube.com/watch?v=sn9AErX6ds0 This year’s Colloquium finishes up tomorrow, with Dr. Jennifer Cobbe (University of Cambridge) on “Reviewable Automated Decision-making”. Register here. Or […] Read more