Administrative Law Matters

Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.


Exam Season

Teaching term is over and exam season is upon us. Here is this year’s exam for Administrative Law. You have six hours… In the fictional Canadian province of Lower Canada, there occurred in 2020 an outbreak of a highly contagious and extremely dangerous flu-like disease known as VICOD. In Lower Canada, the Public Health Act […] Read more


Early Canadian Administrative Law

The few historically oriented discussions of public administration in Canada tend to take the regulation of railways in the 1850s as their starting point.  But there were early pre-cursors to the administrative state. The dominant theory of Canadian economic development is that the country was built on the production and export of various ‘staples’. From […] Read more


The Rise of Facts in Public Law I: Factual Assessments in Judicial Review of Administrative Action

In a draft book chapter I am working on with co-author Kseniya Kudischeva, we discuss the increased importance of factual assessments in public law. Here is the first of four substantive parts. Comments and thoughts welcome. Common law judges have traditionally been highly reluctant to interfere with factual assessments made by administrative decision-makers. This reluctance […] Read more


Prerogative, Justiciability, Remedy: Acadian Society of New Brunswick v Canada (Prime Minister), 2022 NBQB 55

The remarkable decision in Acadian Society of New Brunswick v Canada (Prime Minister), 2022 NBQB 55 deserves comment, especially for its treatment of justiciability and remedy. Here, DeWare CJ declared that the appointment of a unilingual Anglophone Lieutenant-Governor for the bilingual province of New Brunswick was unconstitutional as it violated a variety of New-Brunswick-specific provisions […] Read more


Recordings from the Administrative Law & Governance Colloquium 2022, “Artificial Administration: Automation, Digitization and Artificial Intelligence in Public Administration”

With thanks again to the speakers, the hundreds of participants and my partners (the Centre for Law, Technology and Society, the Centre for Public Law and the Centre on Governance), here are the recordings of this year’s Administrative Law & Governance Colloquium on the theme of “Artificial Administration”. Catherine Sharkey, “Government by Algorithm: Artificial Intelligence […] Read more