Administrative Law Matters

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

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Exceptional Circumstances? O.K. Industries Ltd. v. District of Highlands, 2022 BCCA 12

In Vavilov, the Supreme Court of Canada established three correctness categories which are exceptions to the presumption of reasonableness review. The majority also noted that these categories are not necessarily closed. To date, there has been little interest in identifying new categories, with the exception of Stratas JA’s discussion in Entertainment Software Association (in which […] Read more

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Administrative Law in the Digital World

With Joe Tomlinson (York) and Jennifer Raso (Alberta) I have posted “Administrative Law in the Digital World” to SSRN, a chapter to appear in Carol Harlow ed., Research Handbook on Administrative Law (Edward Elgar, 2022): The rapid advancement of digital technologies is now reaching into almost every aspect of human life. Administrative law scholars cannot […] Read more

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Debates about the Presumption of Constitutionally Conforming Interpretation in Canada

Here is another post in my series on constitutionally conforming interpretation. The first two posts are here and here. Judges and commentators have made structural, institutional and intentionalist arguments about the presumption of constitutionally conforming interpretation. Whilst it is impossible to avoid some form of a presumption of constitutionally conforming interpretation, given the Constitution’s supremacy […] Read more

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What is the Presumption of Constitutionally Conforming Interpretation in Canada?

Here is another post on the theme of the presumption of constitutionality. The first one is here. An initial difficulty is that there is disagreement even about the content of the presumption of constitutionally conforming interpretation. The presumption of constitutional conformity “acknowledges the centrality of constitutional values in the legislative process, and more broadly, in […] Read more