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Tribunal Competence and Expertise

Here is my blog post on the doctrinal law relating to tribunal competence and expertise for the Tribunal Watch Ontario/Windsor Law webinar on independence and impartiality. Here is what Tribunal Watch Ontario’s Statement of Principles says Adjudicators must be optimally competent and the tribunal equally competent in the exercise of its mandate. Adjudicators must have […] Read more

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More on the Non-Delegation Doctrine

The non-delegation issues in the Carbon Pricing References have garnered significant attention in recent weeks. I discussed Côté J’s partial dissent as a guest on Breakfast with Appeal, an outstanding series run by the appellate group at Torys LLP. You can see a brief clip here (the format is breakfast TV, hence my choice of […] Read more

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Tribunal Independence Webinars

Windsor Law, in association with Tribunal Watch Ontario, is holding two free webinars on tribunal independence. Tribunal Independence and Impartiality kicks off tomorrow, May 25, with another event on June 1. The webinar speakers have contributed short blog posts, which can be accessed here. The jumping-off point is provided by Tribunal Watch’s The Adjudicative Tribunal […] Read more

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The Concept of Nullity in Administrative Law: the UK Government’s Judicial Review Reform Project

In response to the report of the Independent Review of Administrative Law, the UK government launched a consultation period on several targeted reforms to judicial review. One of these relates to so-called ‘Cart’ judicial reviews, continuing the tortuous tale of the relationship between the UK’s tribunal structure and its superior courts. Another relates to clarifying […] Read more

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The Kerr Report’s vision for the Administrative Review Council and the (sad) modern reality (Narelle Bedford)

Cross-posted from the Australian Public Law blog: see also the first and second posts in the series. The Administrative Review Council (ARC) was a vital part of the Kerr Committee’s recommendations for increased oversight of executive decisions that impact individuals. The Kerr Committee recorded that ‘fundamental to our system for the introduction of a proper […] Read more

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Exam Season

I am currently knee-deep in exam scripts, having taught Administrative Law twice in the Winter Term (once in English, once in French). I thought readers might be interested in taking a look at the final exam I set (70%, with a mid-term accounting for the other 30%). A is an inmate in a federal penitentiary. […] Read more