Mark Mancini
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Access to Justice and the Administrative State
Recently, as is well-known, the Ontario government announced a 30% cut to legal aid. The effects of this cut are already being felt, most prominently at Canada’s largest tribunal. The Immigration and Refugee Board [IRB] announced last week that it expected the legal aid cuts to cause “longer hearings, more postponements and adjournments and more… Continue reading
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More Charter Values Nonsense
When will this end? Continue reading
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The Empire is Still Strong: A Response to Prof. Daly
Over on Administrative Law Matters, Prof. Daly writes that “[a]nti-administrativists have not had a good couple of weeks.” So his argument goes, in the last number of years “the administrative state in the United States has been under sustained attack, traduced as illegitimate and a betrayal of the commitment of the Founding Fathers.” This “cartoonish… Continue reading
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All or Nothing At All?: Restricting the Growth of the Administrative State
Non-delegation limits do not spell the end of administrative government. Continue reading
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The Cruel Ritual of the Ontario Bar Exam
Every June, lawyers-to-be in the province of Ontario make the pilgrimage to one of a few cities to undergo the ritualistic exercise of writing the bar exam. For many, the bar exam—otherwise known as the lawyer licensing exam—represents a large part of the process to become a lawyer in the province of Ontario. Students migrate… Continue reading
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Environmental Sustainability is Not An Unwritten Constitutional Principle
On the IACL-AIDC Blog, Professor Lynda Collins (Ottawa) suggests that “ecological sustainability [should be recognized] as an Unwritten Constitutional Principle (UCP)—a foundational, binding norm to provide guidance to courts and legislators as we navigate the difficult waters of our current environmental crisis.” This argument also appeared in a joint article by Prof. Collins and (now… Continue reading
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“Clear Enough”
Some thoughts on statutory interpretation. Continue reading
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Virtual Insanity: AI and Judicial Review
I am far from an expert on the growing trend in law and life towards “algorithmic justice,” or decision-making by machines. But a report released by the Law Foundation of New Zealand and the University of Otago got me thinking about the use of neural networks, predictive modelling, and other forms of algorithmic learning in… Continue reading
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Judges are Subject to Law, Too
Last summer, I wrote a blog post about a concerning case out of the Federal Court, Girouard v CJC. The gist of the case was the claim by the Canadian Judicial Council (CJC) that their reports, recommendations, and decisions in the course of the investigation of a judge were not subject to judicial review under… Continue reading
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The New Administrative Law II: Why Defer?
Part II of a two-part series on administrative law Continue reading
Double Aspect 