deference on questions of law
Move Along, Nothing to See Here: Orthodoxy and Procedural Fairness
A vigorous debate erupted in the comments to a recent post on deference on questions of procedural fairness. Recently, doctrinal orthodoxy has been challenged by several Canadian judges (a challenge based on Canadian developments but which ought also to be on the radar of those overseas) who have contended that procedural questions can no longer […] Read more
Chevron Deference in Canada?
The comments of Evans J.A. in Qin v. Canada (Citizenship and Immigration), 2013 FCA 263 are obiter, strictly speaking, but they are comments by Evans J.A. and will carry a great deal of weight.There are two important aspects to Evans J.A.’s formulation of the rules for judicial review of administrative interpretations of law. First, where […] Read more