Administrative Law Matters
Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.
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OBA Annual Update on Judicial Review
Paul Daly November 21, 2022
Justice Stratas and I will be presenting at the Ontario Bar Association’s Annual Update On Judicial Review tomorrow (registration for the webcast is here). Here is the bill of fare: The Supreme Court: Undue Delay, International Law and the Standard of Review Law Society of Saskatchewan v. Abrametz, 2022 SCC 29 Society of Composers, Authors […] Read more
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More on Method: CCCS Melbourne Global Public Law Seminar on Researching Public Law
Paul Daly November 11, 2022
At the risk of overdoing it by posting twice on methodology in the same week (see also here), I should like to highlight a recent seminar held by the Centre for Comparative Constitutional Studies at the University of Melbourne. The topic is a forthcoming collection edited by yours truly and Professor Joe Tomlinson (York), Researching […] Read more
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Doctrinal Scholarship in Law and Public Law
Paul Daly November 8, 2022
Readers may be interested by Professor Richard Fentiman KC’s Queens’ Distinguished Lecture in Law delivered at Queens’ College, Cambridge a few weeks ago. His title was “Citadels of the Law: Law Schools and the Defence of Doctrine” and the whole thing is well worth your time: On the same theme, Professor Jason Varuhas has an […] Read more
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Concurrent Jurisdiction: How Broad is the Entertainment Software Association Exception?
Paul Daly November 4, 2022
In Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association, 2022 SCC 30, the Supreme Court of Canada recognized a “rare” and “exceptional” new category of matters requiring correctness review, namely “when courts and administrative bodies have concurrent first instance jurisdiction over a legal issue in a statute” (at para. 28). […] Read more
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Artificial Intelligence Accountability of Public Administration in Canada
Paul Daly November 2, 2022
With co-author Brandon Orct I prepared the country report on Canada for the “Artficial Intelligence Accountability” stream for this year’s General Congress of the International Academy for Comparative Law. Our report is available now on SSRN: This is the country report on “Artificial Intelligence Accountability” prepared in respect of Canada for the International Academy of […] Read more
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New Paper — The Rise of Facts in Public Law
Paul Daly October 26, 2022
With my excellent former research assistant, Kseniya Kudischeva, I have prepared a chapter for a forthcoming volume edited by Anne Carter and Joe Tomlinson on Facts in Public Law Adjudication. Our chapter is “The Rise of Facts in Public Law“: In Commonwealth jurisdictions, judges have traditionally been reluctant to grapple with factual issues in public […] Read more
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Can Premier Ford Avoid Testifying Before the Rouleau Commission?
Paul Daly October 25, 2022
The Public Order Emergency Commission chaired by Justice Paul Rouleau of the Ontario Court of Appeal has been up and running for the past few weeks. The Commission is established under s. 63 of the Emergencies Act: The Governor in Council shall, within sixty days after the expiration or revocation of a declaration of emergency, […] Read more
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Justice Stratas — The Canadian Law of Judicial Review: Some Doctrine and Cases
Paul Daly October 19, 2022
Those of you planning to attend ‘year in review’ sessions in the coming weeks and months will no doubt be pleased to learn that Justice Stratas has updated his invaluable “The Canadian Law of Judicial Review: Some Doctrine and Cases“, available on SSRN: It is hard to find a useful, up-to-date summary of the Canadian […] Read more
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An Update on Administrative Law: the Supreme Court of Canada in 2022
Paul Daly October 18, 2022
It is the Fall and as the leaves fall so too are forests felled to print the annual ‘year in review’ papers. I have posted my annual update on the Supreme Court of Canada’s administrative law jurisprudence to SSRN: This paper focuses on the Supreme Court of Canada’s 2022 administrative law jurisprudence. This year marked […] Read more
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A Defence of Administrative Law Doctrine, Part III, The Moral Character of Administrative Law Doctrine
Paul Daly October 17, 2022
This is an extract from my paper “A Defence of Administrative Law Doctrine“ I argued in Part II that administrative law doctrine is not empty, as it precludes judicial conclusions in concrete cases. In this Part, I will argue that administrative law doctrine is not pernicious either. Setting out a systemic conception of doctrine is […] Read more