substantive review | Page 4
Unanswered Questions post-Dunsmuir
In a recent decision, Justice Stratas of the Federal Court of Appeal raised a host of questions about the applicability of the Supreme Court of Canada’s re-shaping of judicial review doctrine to decisions taken by discretionary decision-makers:  I am inclined to find that the Director is subject to this “normal” or […] Read more
One of the reasons offered by the concurring judges in Multani for merging administrative review and constitutional review (at least when an individualized decision was challenged) was that keeping them separate and distinct would be confusing to lower courts and litigants. That view never seemed particularly compelling to me: lawyers and judges often make and […] Read more
Why Give Reasons for Decisions?
From the Nova Scotia Court of Appeal comes a useful overview of the requirement to give reasons:  In a series of cases, the Supreme Court of Canada has recognized the importance of reasons in various settings: e.g., Baker v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 699 (SCC),  2 S.C.R. […] Read more