Administrative law | Page 2


Justiciability of the Prerogative: Hupacasath First Nation v. Canada (Attorney General), 2015 FCA 4

The Federal Court of Appeal decision in Hupacasath First Nation v. Canada (Attorney General), 2015 FCA 4 on justiciability of international treaties, the prerogative in respect of foreign affairs, the duty to consult First Nations and the jurisdiction of the federal courts is hugely significant (first-instance decision noted here). At issue was a foreign investment promotion […] Read more


Considering Charter Values: Iacovelli v. College of Nurses of Ontario, 2014 ONSC 7267

As is well-known, the Supreme Court of Canada stated in Doré v. Barreau du Québec, [2012] 1 SCR 395 that administrative decision-makers must consider Charter values in the exercise of discretionary powers. However, this duty has recently been cast in very limited terms by a strong bench of Ontario’s Divisional Court in Iacovelli v. College […] Read more


Thema – Contrôle Judiciaire

Fondements du contrôle judiciaire Me Ian Demers et Me Dominique Guimond • Assises constitutionnelles du pouvoir de surveillance et de contrôle des cours supérieures • Compétence d’exception de la Cour fédérale et de la Cour d’appel fédérale • Cas particulier de l’habeas corpus Normes de contrôle judiciaire Prof. Suzanne Comtois • Grandes étapes de l’évolution […] Read more


The Law of Unintended (Standard of Review) Consequences: Kanthasamy v. Canada (Citizenship and Immigration), 2014 FCA 113

My post on Febles v. Canada (Citizenship and Immigration), 2014 SCC 68 has attracted many comments. Some readers are sympathetic to the Supreme Court of Canada. And, indeed, one may wonder what the practical effect is of standard-of-review discussions that sometimes border on the metaphysical. Should the Supreme Court of Canada not focus on resolving […] Read more


Oral Hearings, Credibility and Legitimate Expectations: WZARH v Minister for Immigration and Border Protection [2014] FCAFC 137

Matthew Groves passes on a very interesting decision from the Full Court of the Federal Court of Australia: WZARH v Minister for Immigration and Border Protection [2014] FCAFC 137. The issue was simple. A refugee claimant went for an interview with an Independent Merits Reviewer whose task was to reassess a refusal to classify him […] Read more