Administrative Law
-
Lawless Society of Upper Canada
The LSUC’s attempt to make lawyers “promote diversity and inclusion” is lawless and incompatible with a free society Continue reading
-
All about Administrative Law
Justice Stratas’ remarkable endeavour to improve our understanding of administrative law Continue reading
-
Why Bother about the Charter?
The Supreme Court divides on whether one might claim Charter damages against an administrative tribunal Continue reading
-
Law in La-La-Land
The post-truth jurisprudence of Canadian administrative law Last month, the Supreme Court issued a decision in Edmonton (City) v. Edmonton East (Capilano) Shopping Centres Ltd., 2016 SCC 47, which deals with the evergreen issue of determining the standard on which a court must review the decision of an administrative tribunal. I wasn’t able to comment on this case at… Continue reading
-
Taking Doctrine Seriously
Some thoughts on a most interesting lecture by Justice David Stratas Last week, at the Canadian Constitution Foundation’s Law and Freedom 2016 conference, Justice David Stratas of the Federal Court of Appeal delivered a fascinating lecture called “The Decline of Legal Doctrine.” I highly recommend it. I won’t summarize it beyond saying that Justice Stratas’… Continue reading
-
Whatever
On Thursday, the Supreme Court handed down its decision in Kanthasamy v. Canada (Citizenship and Immigration), 2015 SCC 61, an immigration law case. Paul Daly expertly discusses takes apart the majority opinion from the administrative law perspective. For my part, I will deal with the substance of the decision. While I’m not an immigration law aficionado, I do have… Continue reading
-
Consistency and Complexity in Judicial Review
In a (somewhat) recent post commenting on Justice Brown’s appointment to the Supreme Court, Paul Daly wrote about “an interesting paradox” in the world of judicial review of decisions by the “political branches” of government: “[t]hose [who] would defer to Parliament would not defer to the executive.” The “conservatives” who are skeptical of judicial review of… Continue reading
-
Adequate Alternatives
Last week, the Supreme Court issued an interesting decision which, although apparently only concerned with judicial review (of the administrative law sort) and the respective jurisdiction of the Federal and superior courts, also tells us something about the role of the courts more generally. The case, Strickland v. Canada (Attorney General), 2015 SCC 37, was an… Continue reading
-
Splitting a Baby
There came a Catholic school and a minister of education unto the Supreme Court, and stood before it. And the school said, “Oh my Lords and my Ladies, I am a private Catholic school, and am delivered of a programme for teaching a class on Ethics and Religious Culture through the prism of my Catholic faith.… Continue reading
-
A Heap of Trouble
It’s just one decision, and in all likelihood a legally correct one at that ― and yet, precisely because it is likely correct, it illustrates any number of things that are wrong in Canadian law: Thibault c. Da Costa, 2014 QCCA 2437. The case arose out of disciplinary proceedings instituted by the syndic of the… Continue reading
Double Aspect 