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Royal Treatment: Special Treatment for the Crown in Canadian Administrative Law
Paul Daly January 18, 2016
The paper I prepared for the ‘Deference or Drift’ conference (that I was unfortunately unable to attend in person) focuses on several areas of administrative law doctrine in which Canadian courts have given the Crown special treatment that they do not give statutory decision-makers. Here is the first part… The Supreme Court of Canada has […] Read more
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On the Record: Bernard v. Canada (Revenue Agency), 2015 FCA 263
Paul Daly January 15, 2016
I have written before, somewhat sceptically, about the problem of ‘rebottling old wine’, updating the adjectival law of judicial review to take account of developments in the substantive law. Stratas J.A. had an interesting take on the question of the content of the record for judicial review in Bernard v. Canada (Revenue Agency), 2015 FCA […] Read more
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Happy New Year!
Paul Daly January 11, 2016
A belated welcome to 2016. Normal post-holiday service should now resume. Some good news to begin the year. Administrative Law Matters won the 2015 Fodden Award for Best Canadian Law Blog. Here are the very kind and generous words of the judges: This was one of our toughest choices in years, thanks to the incredible […] Read more
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A New Angle on the TWU Saga: Trinity Western University v. The Law Society of British Columbia, 2015 BCSC 2326
Paul Daly January 8, 2016
The latest decision in Trinity Western University’s battle to have its law school accredited by Canadian law societies comes from British Columbia: Trinity Western University v. The Law Society of British Columbia, 2015 BCSC 2326. While the cases in other jurisdictions (Nova Scotia and Ontario) have considered grand constitutional questions, this one focused on traditional […] Read more
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Statutory Tribunals Performing Judicial Review: Some Recent Decisions
Paul Daly December 22, 2015
I have written before about whether a statutory tribunal sitting on “appeal” from another body can exercise a judicial review jurisdiction — and Francophiles can read in greater detail in the latest issue of the Canadian Bar Review. The issue continues to arise with frequency before Canadian courts. In two recent decisions, appellate judges have […] Read more
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The Signal and the Noise in the Supreme Court of Canada’s Administrative Law Jurisprudence
Paul Daly December 20, 2015
I have been quiet recently, in part because I have been working and travelling, but also because the last month of Supreme Court of Canada cases has been discouraging. While academics, practitioners and lower-court judges try to establish coherent frameworks to understand the general principles of judicial review, the Court resolves cases one-by-one without, with […] Read more
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Clawbies 2015: Year in Review
Paul Daly December 20, 2015
That time of year again! Here are my nominations for this year’s awards. Pierre Trudel, Journal de Montréal: my polyvalent colleague has been blogging on current legal affairs in an unlikely venue, the website of the blue-collar Journal de Montréal. His posts are excellent, accessible entrées into the legal issue du jour and deserve a […] Read more
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Can This Be Correct? Kanthasamy v. Canada (Citizenship and Immigration), 2015 SCC 61
Paul Daly December 11, 2015
Another week, another underwhelming standard-of-review decision from the Supreme Court of Canada — this time in Kanthasamy v. Canada (Citizenship and Immigration), 2015 SCC 61. At issue here was the scope of the Minister for Citizenship and Immigration’s authority to waive statutory conditions for “humanitarian or compassionate” reasons, an authority expressly conferred by s. 25(1) […] Read more
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A Note on the Charbonneau Commission: Focus on Recommendations, Not Facts
Paul Daly December 8, 2015
Perhaps unsurprisingly media coverage of the Charbonneau Commission report (see my previous post) has focused on facts. Who was blamed — or not blamed — and why not? Why did Renaud Lachance disagree with France Charbonneau’s conclusion that there was a link between political party financing and the awarding of public contracts? Posing these questions […] Read more
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Conference: The Crown in the 21st Century – Deference or Drift?
Paul Daly December 6, 2015
From Michael Jackson and Philippe Lagassé: May I draw to your attention that registration is currently being accepted for the conference “The Crown in the 21st Century: Deference or Drift?” to be held at Government House in Victoria, BC, 14-16 January 2016. This will bring together leading authorities on the Crown from Canada, Australia, New […] Read more