Mark Mancini
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R v Poulin: Charter Interpretation in the Spotlight
Introduction Section 11 (i) of the Charter guarantees the right to offenders “if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.” Ambiguity ripples through this provision. Most notably, does the provision… Continue reading
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Can the Administrative Process Achieve Social Justice?
Can administrative law achieve any ideal of social justice? The answer is perhaps yes. But there is nothing built-in the system to encourage this result. For that reason, deference to administrators because of the political aims they might pursue is a week reed on which to rest a more general case for deference. This much… Continue reading
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Much Ado About Context: A Note in Anticipation of Vavilov et al
A short post today about the role of “context” in administrative law. Many speak about “context” in the law of judicial review as if it is some inherent element of the law. In Khosa, Justice Binnie, for example, noted that in applying the reasonableness standard of review, the standard “takes its colour from the context”… Continue reading
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Upcoming Talks
Following in my co-blogger Leonid Sirota’s footsteps, I am posting a list of the talks I am giving across Canada this fall. My list is much shorter than Leonid’s, but if you are at any of these events, please feel free to come say hello. As Leonid says, it is always great to meet readers… Continue reading
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Ignoring Legislative Intent: Deference in Quebec and s.96
The constitutionality of a regime of deference is not something much explored in the wider context of Canadian administrative law. But in Quebec, the question is a live one because of particular statutory and judicial arrangements. The Quebec Court of Appeal just released a case [the Reference] that dealt with the question head on: does… Continue reading
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CARL v Canada, 2019 FC 1126: Administrative Delegation and Guidelines
How far can an administrative agency go before it fetters its decision-making discretion? This is an important practical question. On one hand, the Federal Court of Appeal has recognized that agencies can issue guidelines—even in absence of any legislative authorization to do so (Thamotharem, at para 56), in part because agencies are masters in their… Continue reading
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The First Year of Law School
For many, the coming of September signals the start of a new school year. More specifically, law schools will be kicking into full gear in the coming days and weeks, and nervous 1Ls will occupy the halls of law schools the country over. 1L can be a scary time; meeting new people, overcoming the challenges… Continue reading
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Madison and Canadian Constitutional Law
Because we are in the slow days of summer, and I have a bit more time on my hands than I would usually have, I picked up a copy of Richard Matthews’ 1995 book, If Men Were Angels: James Madison & the Heartless Empire of Reason. Immediately, one’s Canadian eyes might begin to glaze over.… Continue reading
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Guest Post: Andrew Bernstein
A response to Mark Mancini’s post on Supreme Court appointments Continue reading
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An Empty Vessel
Thoughts on the Justice Kasirer appointment process Continue reading
Double Aspect 