2023
Comments
OBA Annual Update on Administrative Law
Paul Daly October 2, 2023
As we have done almost every year since 2013, Justice Stratas and I will be doing a joint online event next week for the Ontario Bar Association casting a look over the current state of affairs in Canadian administrative law: Our most popular Administrative Law Section event is back again this year to bring you […] Read more
Comments
Reconciling Administrative Law with Indigenous Sovereignty? Bastien v. Jackson, 2022 FC 591
Paul Daly September 30, 2023
To mark the National Day of Truth and Reconciliation, I thought I might highlight Grammond J’s fascinating decision in Bastien v. Jackson, 2022 FC 591, which prompts questions about the relationship between the principles of administrative law and the sovereignty of Indigenous peoples. B and J were councillors of the Piikani Nation. B brought a […] Read more
Comments
Context, Reasonableness Review and Statutory Interpretation: Mason v. Canada (Citizenship and Immigration), 2023 SCC 21
Paul Daly September 28, 2023
After a hiatus of nearly four years, the Supreme Court of Canada yesterday applied the reasonableness standard for the first time since Vavilov and the companion case of Canada Post. The decision in Mason v. Canada (Citizenship and Immigration), 2023 SCC 21 (Jamal J for the majority; Côté J concurring) is significant as far as […] Read more
Comments
More on the Notwithstanding Clause and Administrative Law
Paul Daly September 25, 2023
In a previous post, I addressed the relationship between the notwithstanding clause and administrative law. Here I address a number of other relevant issues: the role of Charter values; the principles of judicial review of administrative action; and the relationship between legislation passed notwithstanding Charter rights and existing statutory schemes. Charter Values So much for […] Read more
Comments
Notwithstanding Administrative Law?
Paul Daly September 18, 2023
The ‘notwithstanding’ clause of the Constitution of Canada (contained in s. 33 of the Constitution Act, 1982) provides as follows: 33 (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a […] Read more
Comments
Maybe it Does Matter, After All
Paul Daly September 15, 2023
I recently highlighted Professor Andrew Green’s paper on the effect — or not! — of Supreme Court of Canada decisions in administrative law. I am happier to report that a new paper published in Canadian Public Administration by David Said comes to the conclusion that the Court’s decisions can be significant: “Navigating entangled terrain: The […] Read more
Comments
Administrative Tribunals in Canada: Constitutional Subordinates or Equal Partners?
Paul Daly September 11, 2023
I have posted a new paper to SSRN, “Administrative Tribunals in Canada: Constitutional Subordinates or Equal Partners“, a chapter in a forthcoming edited collection on Administrative Tribunals in the Common Law World. Here is the abstract: In this Chapter, I explore the tension between two propositions in Canadian public law. On the one hand, administrative […] Read more
Comments
Refreshing the Places Other Frameworks Cannot Reach
Paul Daly September 7, 2023
Heineken once ran an advertising campaign claiming it was the beer that refreshed the parts other beers cannot. As Ian MacKenzie notes in a kind review of A Culture of Justification: Vavilov and the Future of Administrative Law, I think that the framework for judicial review of administrative action set out in Canada (Minister of […] Read more
Comments
Clarity on the Challenges for Systemic Challenges: Canadian Council for Refugees v. Canada (Citizenship and Immigration), 2023 SCC 17
Paul Daly September 4, 2023
The Supreme Court of Canada’s decision in Canadian Council for Refugees v. Canada (Citizenship and Immigration), 2023 SCC 17 sets out some important principles about challenges to government action at the intersection of constitutional and administrative law. On balance, I think the decision limits the potential for systemic challenges to complex statutory and regulatory regimes […] Read more
Comments
Administrative Law & Governance Colloquium 2024
Paul Daly August 31, 2023
The theme for next year’s Administrative Law & Governance Colloquium is “Executive Power”: Executive power has been the site of passionate debate in liberal democracies for many centuries. In recent decades, authority has concentrated in the hands of presidents and prime ministers, with voters increasingly looking to these office holders to give effect to their […] Read more