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Publication Updates
Paul Daly September 21, 2015
My article on administrative appeals, Les appels administratifs au Canada is now published in the Canadian Bar Review. Subscribers can access it here. There is an open-access version on SSRN. The article has already provoked interest (see Hachey Livestock Transport Ltd. v. Canada (Minister of Agriculture and Agri-Food), 2015 CART 19, at para. 37 ff) […] Read more
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The Language of Administrative Law V: Metaphor
Paul Daly September 18, 2015
(This is the fifth in a series of posts. Read the first, second, third and fourth. The draft can be downloaded in its entirety here.) One very useful way to conceptualize the administrative state is to perceive it as a spectrum, along which, as Justice LeBel put it in Imperial Oil, the requirements of the […] Read more
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Ideology and Administrative Law (Again)
Paul Daly September 17, 2015
Over at Double Aspect, Léonid Sirota has a typically interesting reaction to my post on Brown J.’s appointment to the Supreme Court of Canada. He begins: In a (somewhat) recent post commenting on Justice Brown’s appointment to the Supreme Court, Paul Daly wrote about “an interesting paradox” in the world of judicial review of decisions by […] Read more
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Green Lighting Correctness Review: Stewart v Elk Valley Coal Corporation, 2015 ABCA 225
Paul Daly September 17, 2015
Has the Supreme Court of Canada encouraged lower courts to employ correctness review of certain legal questions? Its recent decisions in Tervita Corp. v. Canada (Commissioner of Competition), 2015 SCC 3 and Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16, both cases where the Court decided correctness review would be appropriate (see my posts […] Read more
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Robert Leckey — Bills of Rights in the Common Law
Paul Daly September 14, 2015
In this excellent study of how judges have implemented bills of rights in three common law jurisdictions (Canada, the UK and South Africa), Robert Leckey carefully dismantles many of the wilder claims about judicial review of legislative action. Replacing the cry of “judicial activism” with the more muted “judicial agency”, he identifies remedial discretion as […] Read more
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A Pluralist Account of Deference and Legitimate Expectations
Paul Daly September 12, 2015
I have a new paper on SSRN, a draft of a chapter that will appear in a forthcoming collection edited by Greg Weeks and Matthew Groves, Legitimate Expectations in the Common Law World (Hart, 2016). Here is the abstract: Critics doubt the existence of any coherent doctrine of legitimate expectations in the common law. Legitimate […] Read more
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The Language of Administrative Law IV: Terminological Exactitude
Paul Daly September 11, 2015
(This is the fourth in a series of posts. Read the first, second and third. The draft can be downloaded in its entirety here.) Language can be useful in reminding judges of the limits of the judicial role. As any student of administrative law comes quickly to understand, where a power has been assigned by […] Read more
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Public Law Conference 2016: The Unity of Public Law?
Paul Daly September 10, 2015
I attended the excellent inaugural Public Law Conference in 2014 at the University of Cambridge. The second in the series has now been announced. It will be held from September 12 to 14 (Monday to Wednesday), 2016, again at the University of Cambridge. Here is the call for papers: The theme for the 2016 Conference […] Read more
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Reviewing Elected Decision-makers: Trinity Western University v The Law Society of Upper Canada, 2015 ONSC 4250
Paul Daly September 9, 2015
I am a little late to Trinity Western University v The Law Society of Upper Canada, 2015 ONSC 4250, the second in what is likely to become a lengthy string of judicial decisions on whether TWU’s law school should be accredited by Canada’s law societies. The first decision, favourable to TWU, came from Nova Scotia […] Read more
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Mr. Brady’s Odd-Shaped Balls: NFL Management Council v. NFL Players’ Association
Paul Daly September 7, 2015
Where I come from we sometimes joke that rugby is a game played by gentlemen with odd-shaped balls. The same is true of the human demolition derby — American football — so popular in my current location. And even those of us who tune in to the Superbowl only for the ads know that star […] Read more