Administrative Law
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Is This Correct?
Should deference be denied to administrative interpretations of laws that implement international human rights? Continue reading
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Can an agency choose not to enforce Bill 21?
Last week, the English Montreal School Board [EMSB] announced that it is refusing to to implement Bill 21, introduced by the Quebec government. The law would ban workers in the public sphere in positions of authority from wearing “religious symbols” while at work. The government, apparently cognizant of the challenges this could raise under the… Continue reading
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A Perspective from the North
A review of Jeffrey Pojanowski’s “neoclassical” approach to administrative law Continue reading
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Our Government
Some implications from Jody Wilson-Raybould’s testimony Continue reading
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Justice Beetz’s Unity of Public Law
What an old SCC case tells us about the unity of public law Continue reading
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The Statement of Principles
Thus far, I have stayed out of the controversy surrounding the Statement of Principles [SOP] because I have nothing new to add. Leonid has, in a series of posts, outlined the in-principle objections to the SOP, while others have suggested that the SOP is a modest, necessary remedy for a difficult problem. But as the… Continue reading
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A Small Win on Admin Law Expertise
I’ve written before how the Supreme Court’s approach to expertise is wrongheaded in a number of ways. Practically, by saying that expertise “inheres in a tribunal as an institution,” (Edmonton East, at para 33), the Court has simply asserted a fact that is unlikely to be empirically true across the mass of varied decision-makers. Rather,… Continue reading
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The Diceyan Trope
Metaphors, labels, and particular phrases seem to be a constant theme running through Canadian law. In virtually every area of public law, the Supreme Court deploys clever labels and metaphors to convey ideas that are bundled with certain inferences or assumptions about the ideas themselves. The most famous, perhaps, is the living tree model of… Continue reading
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Affidavi
Why I oppose the Law Society of Ontario’s “statement of principles” Continue reading
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At the Executive’s Pleasure
When Parliament delegates power to agencies, it does so for any number of reasons. At least in theory, Parliament could delegate to a tribunal because it genuinely believes that some particular problem requires expert treatment. Parliament could also delegate as part of a “make or buy” decision, in a Coasian sense: the costs of crafting… Continue reading
Double Aspect 