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Responsive Reasons in Administrative Law: The Traditional Position
I am working on a paper on the concept of responsive reasons in administrative law. I will be posting bits and pieces over the next week or so. Here is the opening section on the traditional position, from which we are moving away… Reasonableness in administrative law has a long and storied history. For common […] Read more
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The Appeals in Auer v Auer and Transalta v Alberta
Regular readers will be aware that the standard of review of regulations has been a contentious point in Canadian public law for some time now (see e.g. here). Next week, the Supreme Court of Canada will hear the appeals from the decisions of the Alberta Court of Appeal in Auer v Auer, 2022 ABCA 375 […] Read more
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Administrative Law Year in Review (English and French): Energy Regulation Quarterly
As I have mentioned in a couple of posts, I have agreed to take the baton from the great David Mullan in providing readers of the Energy Regulation Quarterly with an annual review of administrative law. The text has now been published and can be accessed here in web format and also in PDF. I […] Read more
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Administrative Law & Governance Colloquium 2024, “Executive Power”: Recordings
This year’s Administrative Law and Governance Colloquium on “Executive Power” has drawn to an end. Here are the recordings of each session. Robert Craig (Bristol) on “Crown Powers”: https://www.youtube.com/watch?v=Aq-2t0fI7kM Peter Shane (NYU) on “Presidential Powers”: https://www.youtube.com/watch?v=JwhukpXcuWQ Philippe Lagassé (Carleton) on “Prerogative Powers”: https://www.youtube.com/watch?v=EkmbEjsCe-Q Ariane Vidal-Naquet (Marseille) on “Executive Responsibility in Comparative Perspective”: https://www.youtube.com/watch?v=V6Z3rU0Ny2s Thanks […] Read more
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Reasonableness as Tapestry
Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 is closing in on 10,000 mentions in subsequent cases. After five-or-so years the basic concepts have been very well explained and are widely understood. Nonetheless, every now and then I come across a passage that is particularly evocative. The following contribution by […] Read more
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Reminder: Executive Power with Ariane Vidal-Naquet, Wednesday, March 27 11.30 eastern
On Wednesday of this week, Professor Ariane Vidal-Naquet will be joining me on the Administrative Law & Governance Colloquium. Professor Vidal-Naquet will be discussing her contribution to Comparative Executive Power in Europe: Perspectives on Accountability from Law, History and Political Science (Routledge, 2023). Her deep knowledge of executive power in Europe will complement the previous […] Read more
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An Appealing Analysis: Yatar v TD Insurance Meloche Monnex, 2024 SCC 8
On Friday, the Supreme Court of Canada handed down its much-anticipated decision in Yatar v TD Insurance Meloche Monnex, 2024 SCC 8. As expected (by me at any rate), the Court reversed the approach below and (correctly, in my view) described the role of discretion in judicial review proceedings. In reasons written by Rowe J, […] Read more
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Reminder: Prerogative Powers with Professor Philippe Lagassé, March 18, 11.30 eastern
Tomorrow, Professor Philippe Lagassé (Carleton) will be joining me on the Administrative Law & Governance Colloquium, on the subject of prerogative powers. Professor Lagassé will be discussing a draft manuscript based on research done under a large grant from the Social Sciences and Humanities Research Council. He will offer some arresting conclusions about similarities in […] Read more
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Limited Rights of Appeal: Constitutional Traditionalists
For the opening post in this series, see here. Constitutional traditionalists take a broad view of Crevier and a narrow view of legislative intent. For members of this camp, judicial review for substantive reasonableness and procedural fairness must always be available, on issues of law and issues of fact alike. The only situation in which […] Read more
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Limited Rights of Appeal: Discretion Advocates
For the opening post in this series, see here. Those in the discretion camp do not take sides as between legislative intentionalists and constitutional traditionalists. Rather, they would use the remedial discretion of the superior courts to refuse to grant a remedy for factual error in most cases. In that way, respect can be paid […] Read more