Administrative Law Matters
Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.
President Obama’s Executive Order on Cybersecurity
Given the recent discussion of the constraints law places — or doesn’t place — on administration, I think Executive Order — Improving Critical Infrastructure Cybersecurity is noteworthy. Even though President Obama is not under any duty to follow the strictures of the Administrative Procedure Act in issuing executive orders, the hallmarks of administrative law can […] Read more
More on Being a Fraud
I managed to be inadvertently provocative on this subject last time out, with Michael Greve failing to catch my clin d’oeil towards Akhil Amar’s anguished declaration that if Obamacare were turned to dust by the U.S. Supreme Court his whole life would be a fraud. In any event, Greve has now explained in some more […] Read more
Questions and Answers: Procedural Fairness
In Barreau du Québec c. Khan, 2011 QCCA 792, the Québec Court of Appeal held that a student who failed a bar exam was entitled to look over her exam, answer booklet, answer key and correction grid and to take notes while doing so. With its decision in Ordre des infirmières et infirmiers du Québec […] Read more
Is my discipline a fraud?
Provocative post from Michael Greve. A taste: More and more, our administrative state looks like something dreamt up in a late-night meeting between Carl Schmitt and Evita Peron. I’m teaching something called, fraudulently, administrative “law.” Believe you me: nothing in that corpus juris poses any meaningful constraint on government. Read more
Social Welfare Appeals in Ireland
Saoirse Brady had a fine op-ed in the Irish Times this week on the problems claimants experience in the Irish social welfare decision-making process: “Social welfare appeals process not fit for purpose“. The report she describes can be downloaded from the website of the Free Legal Advice Centre. Read more
You Don’t Have the Power: Securities Investigations in Québec
In the context of an ongoing investigation of the embattled engineering firm, SNC-Lavalin, Québec’s securities regulator compelled an executive to produce certain documents. In the same letter, however, the regulator purported to prevent the executive from telling anyone else about the documents (apart from the company’s lawyers). Revealing the existence of an ongoing investigation was […] Read more
Out of Time, Out of Luck: The Postal Acceptance Rule and Administrative Law
Canada’s immigration system is bursting at the seams. One of the backlogs is in sponsorship applications by Canadian permanent residents and citizens of their parents and grandparents. The federal government’s response was to institute, by way of ministerial instructions issued pursuant to s. 87 of the Immigration and Refugee Protection Act, a “temporary pause” in […] Read more
My previous posts on Rob Ford
Toronto Mayor Rob Ford won his appeal this morning, as I predicted. You can find my previous posts here: http://administrativelawmatters.blogspot.ca/2012/11/the-mayor-bias-procedural-fairness-and.html http://administrativelawmatters.blogspot.ca/2012/12/municipal-powers-another-look-at-ford.html http://administrativelawmatters.blogspot.ca/2013/01/mayor-ford-collateral-damage-from.html And a Financial Post op-ed here: http://opinion.financialpost.com/2012/12/11/divisional-court-should-overturn-flawed-rob-ford-decision/ Read more
Proving Ethnicity: Aboriginal Rights and Administrative Process
Members of Canada’s First Nations have, if they can satisfy the significant evidentiary thresholds, potentially broad rights to engage in traditional practices such as hunting and fishing. At issue in L=Hirondelle v Alberta (Sustainable Resource Development), 2013 ABCA 12 was the administrative structure erected by the province of Alberta to regulate the issuing of fishing […] Read more
Oh no, not that guy again!
Ontario’s human rights legislation allows unsuccessful parties to a complaint to apply for reconsideration of a decision. But what if the adjudicator who already found against the party is the same adjudicator who determines the application for reconsideration: will the party applying for reconsideration really get a fair shake?In Landau v. Ontario (Minister of Finance), […] Read more