internal standard of review | Page 3

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Les appels administratifs au Canada (Administrative Appeals in Canada)

French Abstract: Dans divers régimes réglementaires canadiens, le législateur – autant au fédéral qu’au provincial – a créé un droit d’en appeler d’une décision à l’intérieur d’un organisme administratif. Quelles normes doit alors appliquer l’instance d’appel?La problématique de la norme de révision à l’intérieur d’un organisme réglementaire est devenue de plus en plus pressante depuis […] Read more

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Deference Within Agencies?

Once more unto the ‘internal standard of review’ breach. Do the principles regulating judicial review by courts of administrative decision-makers apply when there is an appeal within an agency, and if so, to what extent? I tackled this question last year in the context of the Refugee Appeal Division. Now, the Federal Court has pronounced […] Read more

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Opening Up Government: Portnov v. Canada (Attorney General), 2021 FCA 171

In Canada, it has historically been very difficult to shed light on the decision-making processes of the highest levels of government. Cabinet decision-making is protected by conventions of confidentiality, public-interest immunity and, at the federal level, the regime under the Canada Evidence Act. Even when constitutional principles, such as judicial independence, are in play, disclosure of cabinet-level […] Read more

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Vavilov On the Road

In the first year after Vavilov was released, I read pretty well every decision in which the Supreme Court of Canada’s reformulation of administrative law was cited. The result was “One Year of Vavilov” and a soon-to-appear chapter in Colleen Flood and Paul Daly eds., Administrative Law in Context, 4th ed.  Since then, I have been less assiduous in […] Read more

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Tribunal Competence and Expertise

Here is my blog post on the doctrinal law relating to tribunal competence and expertise for the Tribunal Watch Ontario/Windsor Law webinar on independence and impartiality. Here is what Tribunal Watch Ontario’s Statement of Principles says Adjudicators must be optimally competent and the tribunal equally competent in the exercise of its mandate. Adjudicators must have […] Read more

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Exam Season

I am currently knee-deep in exam scripts, having taught Administrative Law twice in the Winter Term (once in English, once in French). I thought readers might be interested in taking a look at the final exam I set (70%, with a mid-term accounting for the other 30%). A is an inmate in a federal penitentiary. […] Read more

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The Inner Morality of Administrative Adjudication

If we want to develop a morality of administrative tribunal adjudication, we need to look elsewhere than the law of judicial review, with its concern for clamping down on “bad” decision-making. Imagine instead a “good” administrative adjudicator concerned about the acceptability of their decisions to the individuals appearing before them and to Canadian society: they […] Read more