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ANU Law Conference on Public Law and Inequality (Announcement)
Paul Daly November 9, 2021
Registrations are open for the ANU Law conference on ‘Public Law and Inequality’ on 16-18 February 2022, organised by the Centre for International and Public Law. The conference will be held in a hybrid format, with an in-person conference for those in Australia and with international participants in virtual attendance. There is a modest registration […] Read more
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Public Law Conference 2022: Deadline for Abstracts Approaching
Paul Daly November 4, 2021
A message from Professor Eoin Carolan (University College Dublin) As you may already be aware, the 2022 edition of the Public Law Conference series will be held in University College Dublin, Ireland, from July 6th to 8th next year. This email is just to flag that the deadline for abstracts for the event is approaching. […] Read more
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Reminder (and correction!): Understanding Administrative Law in the Common Law World — UK Launch (November 1, 5pm GMT, 1pm EST)
Paul Daly October 31, 2021
The UK launch of Understanding Administrative Law in the Common Law World (OUP, 2021) takes place tomorrow, at 5pm GMT. With the clocks already having gone back in the British Isles, this is 1pm EST. You can sign up here. Justice Gerard Hogan (Irish Supreme Court), Professor Joanna Bell (Oxford) and Professor Alison Young (Cambridge) […] Read more
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Taxes and Charges: Administrative Law Matter (No. 3) in the References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11
Paul Daly October 29, 2021
Many months ago I promised a third post on the Supreme Court of Canada’s decision in References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11. I would like to say I am saving the best for last but really I am saving the easiest for last: having tackled the separation of powers and judicial […] Read more
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Delegation of Powers and the Pandemic: Gateway Bible Baptist Church et al. v. Manitoba et al. 2021 MBQB 218
Paul Daly October 29, 2021
I am working on a paper (for the International Academy of Comparative Law) on Canada’s response to the COVID-19 pandemic, from a public law perspective. As I have written previously, it is settled law in Canada that legislatures can make broad delegations of authority to administrative decision-makers, including delegations to address public health crises. A […] Read more
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Now Out: Administrative Law in Context 4th ed (Emond Montgomery, Toronto, 2021)
Paul Daly October 27, 2021
I am happy to say the fourth edition of Administrative Law in Context has hit the shelves. I was lucky enough to be asked to fill Lorne Sossin’s sizeable shoes as Colleen Flood’s co-editor and to work with a wonderful roster of contributors (adding Alexandra Flynn, Jennifer Raso and Martine Valois). There are new chapters […] Read more
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Vavilov on the Road
Paul Daly October 25, 2021
I have posted “Vavilov on the Road” to SSRN. Here is the abstract: In this paper, I draw attention to recent cases and issues arising from the Supreme Court of Canada’s 2019 reformulation of administrative law principles in Vavilov. These recent materials either confirm the direction of travel or require slight adjustments to keep things […] Read more
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“Quite Apart from Charter Considerations”: Constitutional Text and Unwritten Principles in City of Toronto (Alyn James Johnson)
Paul Daly October 24, 2021
This is a guest post by Dr. Alyn James Johnson on the Supreme Court of Canada’s recent decision in Toronto (City) v. Ontario (Attorney General), 2021 SCC 34. In Toronto (City) v Ontario (Attorney General) (2021 SCC 34) [“City of Toronto”], the Supreme Court of Canada attempts to put a leash on the use of […] Read more
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Steady as She Goes: Northern Regional Health Authority v. Horrocks, 2021 SCC 42
Paul Daly October 22, 2021
There was some expectation that the Supreme Court of Canada would revisit the appellate standard of review in Northern Regional Health Authority v. Horrocks, 2021 SCC 42, a case about the competing jurisdictions of a labour arbitrator and human rights adjudicator. In both the leave materials and on the merits, the case was presented as […] Read more
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The practical impacts of the ADJR Act on judicial review applications (Brenda Tronson)
Paul Daly October 22, 2021
This is the latest post in the series on the Kerr report, cross-posted from the Australian Public Law blog. In this post I provide an overview, from a barrister’s perspective, of the approach I am likely to take when asked for advice regarding a potential judicial review application in relation to a Commonwealth administrative decision. […] Read more