I Don’t Know: Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16
My administrative law students will sit their final exam on Friday. So some of them having been coming to see me with questions about the finer points of Canadian administrative law doctrine. Often, my answer is: “Je ne sais pas”. And, unfortunately, the Supreme Court of Canada decision in Mouvement laïque québécois v. Saguenay (City), […] Read more
Prescribing Greater Protection for Rights: Administrative Law and Section 1 of the Canadian Charter of Rights and Freedoms
My paper for this Saturday’s conference at the University of Ottawa in honour of Justice Charron is now available on SSRN. You can download it here. To whet your appetite, here is the abstract: In interpreting the “prescribed by law” requirement contained in section 1 of the Charter of Rights and Freedoms, Canadian courts have […] 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