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A Defence of Administrative Law Doctrine, Part II.A, The Constitutional Foundations of Judicial Review

This is an extract from my paper “A Defence of Administrative Law Doctrine“ In his writings on deference, Professor Allan picked up on a theme he had first elaborated in “Doctrine and theory in administrative law: an elusive quest for the limits of jurisdiction”.[1] As he later summarized his general position, doctrinal grounds of review […] Read more

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Justice Abella’s Administrative Law Jurisprudence: Critical Analysis

For previous posts in this series, prepared for today’s University of Toronto symposium on Justice Abella, see here, here and here In the scholarly literature on deference, one finds pro-deference arguments based on legislative intent,[1] relative institutional competence,[2] democratic legitimacy[3] and much else besides.[4] These arguments tend to be developed from the perspective of the […] Read more

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Justice Abella’s Administrative Law Jurisprudence: Empowering Administrative Decision-makers

This is the latest in a series of posts on Justice Abella’s administrative law jurisprudence (see also here and here). What I find distinctive is her commitment to administrative autonomy, which I describe in this post. Tune in tomorrow to hear more! Justice Abella’s jurisprudence was, however, not all about protecting administrative decision-makers. On another […] Read more

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Justice Abella’s Administrative Law Jurisprudence: Protecting Administrative Decision-makers

I am speaking tomorrow (virtually) at a symposium at the University of Toronto celebrating Justice Abella’s career. My topic is the “Autonomy of Administration”, which I introduced in a previous post. Here is the first of two posts on Justice Abella’s promotion of administrative autonomy, to be followed tomorrow by a critical analysis of her […] Read more

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International Law and Administrative Law: Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association, 2022 SCC 30

The pertinence of international law for Canadian administrative decision-makers was an issue in Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association, 2022 SCC 30. The Supreme Court’s decision brings some clarity to the legal framework in this area, but could have been clearer on one point, about latent ambiguity, and […] Read more

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The Return of Context? Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association, 2022 SCC 30

Since its decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, [2019] 4 SCR 653 in December 2019 (and a couple of companion decisions released the same month), the Supreme Court of Canada has done nothing in respect of the standard of review of administrative action. And, it must be said, […] Read more