Administrative Law Matters

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

From Blogger

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

From Blogger

Regulatory Breakdown in the United States

Penn’s RegBlog is running an interesting series on Regulatory Breakdown: The Crisis of Confidence in U.S. Regulation (UPenn Press, 2012), edited by Cary Coglianese. The series features short versions of the contributions to the book. Here is a brief taste, from a chapter on housing regulation: Regulatory oversight of the housing finance system became reliant […] Read more

From Blogger

Canada’s Least Wanted

I spent yesterday afternoon in a professional development session at the Department of Justice on the subject of the Canadian Border Services Agency’s “Wanted” list. Here is the abstract of my talk, Canada’s Least Wanted: Two Perspectives of an Administrative Lawyer: Taking a leaf out of a book first written by the FBI, the federal […] Read more

From Blogger

Two Recent Papers on Accountability

I was particularly taken by Julia Black’s recent Calling Regulators to Account: Challenges, Capacities and Prospects: Since their inception, public lawyers and political scientists have fulminated at the lack of accountability of regulatory agencies. But, though it may surprise their critics, regulatory agencies do not go out of their way to be unaccountable. The difficulties […] Read more

From Blogger

Steering Charter Claims in the Right Direction

Williams v. British Columbia (Superintendent of Motor Vehicles), 2012 BCSC 1976 featured an unsuccessful argument that the respondent, the statutory decision-maker who follows up on road-side penalties administered by the provincial police force, had jurisdiction to grant Charter remedies. The applicant complained that his right to counsel had been violated because he had not been […] Read more

From Blogger

Causation: Administrative-law style

I open with a warning: I find the Supreme Court of Canada’s causation jurisprudence hard to fathom, so it is with some trepidation that I venture out to comment on Alberta (Workers’ Compensation Board) v Alberta (Appeals Commission for Alberta Workers’ Compensation), 2012 ABQB 733. The case is about an individual who contracted asbestos-related disease […] Read more