Administrative Law Matters

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

From Blogger

Monetizing Benefits

Interesting paper here from Arden Rowell (University of Illinois). One of the difficulties with regulators performing cost-benefit analyses lies in determining what should go into the analysis. Some things we can count quite easily: to use Rowell’s example, the cost of installing rear-view cameras on cars; and the benefits in terms of lives saved (although […] Read more

From Blogger

Henry VIII vit encore!

Much hubbub this morning at the Assemblé Nationale as the deputies debate legislation designed to end the student boycott – excellent coverage of the marathon législatif from Radio-Canada here. Some of the hubbub relates to a “Henry VIII” clause, contained in Article 9 of the draft legislation. This allows the Minister for Education to take […] Read more

From Blogger

C’est qui le maître chez l’arbitre?

A challenge, perhaps, from the Québec Superior Court to the established rule that tribunals are masters of their own procedures, as long as they do notviolate the rules of natural justice. A challenge, certainly, to anyone who thinks the distinction in administrative law between matters of procedure (for reviewing courts) and matters of substance (for […] Read more

From Blogger

Why Study Law?

McGill’s Professor Rod Macdonald is one of Canada’s leading administrative law scholars and also a big thinker about the role and place of legal education. He gave a speech at the London School of Economics a few months ago, which he has now posted on SSRN. A taste: Here is my first claim. Studying law […] Read more

From Blogger

80% of life is just showing up

Fascinating decision here from the District Court for the District of Columbia. America’s National Labor Relations Board has been at the centre of controversy recently because of President Obama’s inability to appoint new members. Before he made recess appointments to restore the full complement of members, the Board took an important decision which would have […] Read more

From Blogger

Avoiding ‘Charter-Free’ Zones

One of the questions not broached by the Supreme Court of Canada in Doré (see my earlier post here) was what happens when the legislature has attempted to exclude consideration of the Charter by an administrative decision-maker. In a pair of decisions released in 2003, the Court made clear that where an administrative decision-maker has […] Read more

From Blogger

Unanswered Questions post-Dunsmuir

In a recent decision, Justice Stratas of the Federal Court of Appeal raised a host of questions about the applicability of the Supreme Court of Canada’s re-shaping of judicial review doctrine to decisions taken by discretionary decision-makers: [19]           I am inclined to find that the Director is subject to this “normal” or […] Read more