The advantages and disadvantages of virtual hearings have been discussed by courts and tribunals in Canada since the onset of the COVID-19 pandemic. As mobility and in-person gatherings were restricted during the pandemic, courts and tribunals held many hearings virtually. In brief, virtual hearings have advantages in terms of access to justice, efficiency and transparency; […] Read more

I am very glad that I did not have to decide the tricky administrative law issues presented by York Region District School Board v. Elementary Teachers’ Federation of Ontario, 2024 SCC 22. This is an important decision about the application of the Charter of Rights and Freedoms to public school boards and standard of review […] Read more

I am pleased to be participating in a webinar organized by the University of Essex next week. Joe Tomlinson and I will be presenting our edited collection on methodology in public law whilst Dimitrios Kyritsis and Stuart Lakin will be presenting theirs on constitutional theory. Here is the event description: In the field of public […] Read more

For context, see my introductory post. In this, the final post in the series, I address the possibility of a rapprochement between Canada’s common law and civil law approaches and suggest that the Vavilov decision can be seen as a ‘mini-Code’ of administrative law. Bien que la différence entre les approches des civilistes et les […] Read more

For context, see my introductory post. In this post I address the respective judicial styles of the civil law and common law provinces in Canada in matters of administrative law. A.  Les origines du contrôle judiciaire Nous avons hérité le contrôle judiciaire que nous connaissons aujourd’hui au Canada de l’Empire britannique.[1] Durant le 16e et […] Read more

For context, see my introductory post. In this post I address the respective legislative styles of the civil law and common law legislature in matters of administrative law. A. La loi sur la justice administrative La pierre angulaire du système québécois du droit administratif s’avère la Loi sur la justice administrative.[1] Cette loi-cadre, qui balise […] Read more

Earlier this year I presented a paper at the Université de Montréal as part of a cycle de conférences organized by my colleague Élise Charpentier, who holds the Jean-Louis Badouin chair there. I was asked to present on civil law and Canadian administrative law. I will be laying out my thoughts, in French, over a […] Read more

This is my last post in a series on the Irish Supreme Court’s decision in Zalewski, looking at the historical background to Articles 34.1 and 37.1 of the Irish Constitution. See my penultimate post for further background. There is also historical evidence that supports narrow readings of both Article 34.1 and Article 37.1. (i)                           Reading […] Read more

From the High Court of Australia, an interesting case at the intersection between public law and private law: Redland City Council v. Kozik, [2024] HCA 7. Here, the Council undertook substantial public works on waterways within its area. The Council was statutorily obliged to undertake these works. It was also statutorily entitled to levy special […] Read more

Back in the mists of time (i.e. last October) I posted a series of comments on the important decision of the Irish Supreme Court in the Zalewski case (here, here, here and here). The basic issue is that the court read both Articles 34.1 and 37.1 of the Irish Constitution broadly. I will argue, in […] Read more