Administrative Law
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Immigration and Refugee Decision-Making: The Vavilov Effect?
It has been a while since I’ve blogged. The last few months have been—in a word—chaotic. I’m hoping to blog more regularly going forward now that some of these things have settled One of the areas where administrative law really comes to life is in immigration decision-making, particularly front-line decision-making like visa decisions or humanitarian… Continue reading
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Same Pig, Different Lipstick: Bill C-11
Last year, I wrote about Bill C-10, which was concerned with “compelling companies like Netflix Inc and TikTok Inc to finance and promote Canadian content.” The Bill was controversial, not least because the law could be read to target content produced on user-driven sites (TikTok, say) targeting individual content creators rather than the tech giants… Continue reading
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A Cheer for Administrative Law
Administrative law can only do so much to avert injustice―but what it can do still matters Continue reading
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Boilerplate in Decision-Making
Administrative boilerplate is probably legion in government, but of course, this is an empirical question. Nonetheless, I have read enough cases to know that individuals at the foot of administrative power—many times in front-line decision-making— are at least sometimes faced with deciphering reasons that purport to have “considered all the factors.” Confronted, as well, with… Continue reading
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Fizzy Drink or Fuzzy Thinking?
Questionable arguments in Cass Sunstein and Adrian Vermeule’s critique of anti-administrativism Continue reading
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Jurisdiction and the Post-Vavilov Supreme Court: Part I
What does “jurisdiction” mean, anyways? Continue reading
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It Ends Well
Thoughts on the Supreme Court’s narrow but seemingly decisive rejection of a right not to be offended Continue reading
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What Does City of Toronto Mean For Administrative Law?
The Supreme Court released its much-anticipated decision today in Toronto (City) v Ontario (Attorney General), 2021 SCC 34. While others will address the nuances of the case, the majority generally puts unwritten constitutional principles into a tiny, little box. It says that because “[u]nwritten principles are…part of the law of our Constitution…” [50], unwritten principles… Continue reading
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On Law and Music
What is the relationship, if any, between law and music? As a musician myself, I notice many commonalities between law and music. As a jazz musician, improvisation is what I spend a lot of time thinking about. To improvise over a tune, it helps to know the notes in the tune, the chords underneath it,… Continue reading
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Right Is Wrong
What an ordinary case can tell us about the problems of Canadian administrative law Continue reading
Double Aspect 