Administrative Law Matters
Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.
When Reasonable Minds Differ
Some philosophical reflections, courtesy of Justice Martineau:  The legal explanation for allowing two [differing] interpretations of the law, if reasonable, to stand is simply that courts must respect the legislator’s intention that such types of administrative decisions, which are protected by a privative clause, be not reviewed unless the tribunal has […] Read more
A Slightly Less Cold House for Foreign Investors
One of the components of the Federal Government’s omnibus budget bill, the Jobs, Growth and Long-term Prosperity Act, involves amendments to the Investment Canada Act. In certain circumstances, take-overs by foreign persons of Canadian corporations must be reviewed by the Minister for Industry and, if the Minister concludes that the proposed investment is not of […] Read more
Why Give Reasons for Decisions?
From the Nova Scotia Court of Appeal comes a useful overview of the requirement to give reasons:  In a series of cases, the Supreme Court of Canada has recognized the importance of reasons in various settings: e.g., Baker v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 699 (SCC),  2 S.C.R. […] Read more