2024
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Devolution, Judicial Review and Constitutional Principle: Re No Gas Caverns Ltd, [2024] NICA 50
Paul Daly November 1, 2024
To open, a plug for the excellent new “Administrative Court Blog“, run by Anurag Deb, Lewis Graham and Gabriel Tan: this highlights important decisions from the UK on administrative law matters. I have found it invaluable and, indeed, only came across the case described in this post from Anurag Deb’s post. Last year, I posted […] Read more
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The Charter in Administrative Decision-Making: Defending the Duty to Take Charter Values (or Purposes) Into Account
Paul Daly October 28, 2024
On the evergreen topic of Charter values, I have a new paper on SSRN (forthcoming in a special edition of the Ottawa Law Review on language rights), entitled “The Charter in Administrative Decision-Making: Defending the Duty to Take Charter Values (or Purposes) into Account“: The Supreme Court of Canada recently reaffirmed that administrative decision-makers are […] Read more
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The Public/Private Divide in Canada: Khorsand v. Toronto Police Services Board, 2024 ONCA 597 and Nova Scotia Health Authority v. Finkle and West, 2024 NSCA 87
Paul Daly October 23, 2024
In its 2018 decision in Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall, 2018 SCC 26, [2018] 1 SCR 750, the Supreme Court of Canada sought to clarify the approach to the scope of judicial review. Rowe J wrote, for a unanimous court, that “[j]udicial review is only available where there is an exercise […] Read more
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New Paper — Collaboration at the Intersection of Administrative Law and Political Science
Paul Daly October 23, 2024
It is a long time since I have uploaded a paper to SSRN but there may be quite a few on the way in the near future. Here is “Collaboration at the Intersection of Administrative Law and Political Science“, to appear in an edited collection published by the University of Toronto Press (edited by Emmett […] Read more
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Has Reasonableness Review Become Even More Robust? Piché c. Entreprises Y. Bouchard & Fils inc., 2024 QCCA 1374
Paul Daly October 21, 2024
In a post earlier this year analyzing the Supreme Court of Canada’s recent administrative law decisions, I noted how it would be “necessary to read the next entries in the standard-of-review catalogue very carefully to see if the Court is sending a signal about the level of intensity of reasonableness review under the Vavilov framework”. […] Read more
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OBA Annual Update on Judicial Review (October 22)
Paul Daly October 18, 2024
It’s that time of year again, folks! The leaves are turning brown, the patios are closed and Jack Frost is roaming at dawn. And it is time for the Ontario Bar Association’s Annual Update on Judicial Review. Justice David Stratas and I will be taking our annual tour through the highways and byways of recent […] Read more
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Historical and Conceptual Analysis in Judicial Review: The Contributions of the Quebec Court of Appeal
Paul Daly October 18, 2024
Yesterday, I gave a talk to celebrate the 175th anniversary of the Quebec Court of Appeal. I thought it would be interesting to speak to a topic that identifies unique features of the Quebec Court of Appeal’s thinking — perhaps even some spécificité québécoise — and that has contemporary resonance. What caught my eye is […] Read more
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The Constitutional Foundations of Judicial Review (Again): Democracy Watch v. Canada, 2024 FCA 158
Paul Daly October 8, 2024
Regular readers will know that there are ongoing debates in Canada about the constitutional foundations of judicial review and, in particular, whether the Supreme Court’s decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, [2019] 4 SCR 653 means there is a core, irreducible minimum of judicial oversight that includes review […] Read more
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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
Paul Daly September 30, 2024
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
Paul Daly September 23, 2024
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