Mark Mancini
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Toronto v Ontario: A Remedy Seeking a Right
Constitutional politics and the notwithstanding clause Continue reading
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10 Things I Dislike About Administrative Law
A perspective from a skeptic Continue reading
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Girouard v CJC: An Administrative State Coup?
The administrative state is not a constitutional mandate Continue reading
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The Bowels of Administrative Law
Administrative guidelines that make it difficult to challenge the administrative state. Continue reading
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McCaw: Declarations of Invalidity in the ONSC
Can one ONSC judge bind another? Continue reading
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Rendering Unto the Judiciary
Justice Martineau’s recent article on judicial courage Continue reading
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Taming the Administrative State
Two books in the administrative law literature Continue reading
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CHRC: The Presumption of Reasonableness and the Rule of Law
Worries about the upcoming review of Dunsmuir Continue reading
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SCC Skepticism
In a recent piece in Maclean’s, Adam Goldenberg explains why the Supreme Court of Canada (SCC) does not suffer from the same partisan interest the Supreme Court of the United States (SCOTUS) does. He lists three main reasons: (1) the nature of partisanship in the US; (2) the American conservative movement’s incubator for legal talent;… Continue reading
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Trinity Western: Is this the price of good doctrine?
In Trinity Western, the Court confirmed (to undoubted cries of agony) that its approach to judicial review of administrative decisions implicating Charter rights, set out in Doré, is nominally still good law. But in application, the Court significantly changed Doré. It applied the typical tests developed in the context of constitutional challenges to legislation,… Continue reading
Double Aspect 