Administrative Law Matters

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


The Supreme Court and Questions of Law in Immigration and Refugee Law Decision-making (Gerald Heckman)

Gerald Heckman is an Associate Professor at the University of Manitoba Faculty of Law (with thanks to Amar Khoday for discussion) What standard of review should apply to questions of law that arise in decision-making under the Immigration and Refugee Protection Act[1]? In the decade following Dunsmuir v New Brunswick,[2] the Supreme Court decided six […] Read more


Correctness Review (Lauren J. Wihak)

Lauren J. Wihak (@lauren_wihak) is an Associate at McDougall Gauley LLP in Regina Dunsmuir v. New Brunswick (“Dunsmuir”) was intended to simplify and clarify the question of the standard of review used to review administrative action, making this issue more predictable to litigants.  I have been invited to comment on Dunsmuir and correctness review or, […] Read more


Dunsmuir’s Demise & The Rise of Disguised Correctness Review (The Hon. Joseph T. Robertson)

The Honourable Joseph T. Robertson, Q.C., formerly of the Federal Court of Appeal (1992-2000), the New Brunswick Court of Appeal (2000-2014) and Jurist-in-Residence with the Faculty of Law, University of New Brunswick (2014-2017). This digital symposium marks the 10th Anniversary of Dunsmuir v New Brunswick.[1] Undoubtedly, attention will focus on whether this “transformative” decision has […] Read more


The Dunsmuir Decade/10 ans de Dunsmuir

It may be hard to believe that March 7, 2018 marks the 10th anniversary of the Supreme Court of Canada’s decision in Dunsmuir v New Brunswick, where the Court reformulated Canadian administrative law. Dunsmuir is — by some distance — the most cited decision of any Canadian court and, for Canadians and Canadaphiles, synonymous with […] Read more