Administrative Law
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Does This Kat(z) Have Nine Lives?
In Katz, the Supreme Court set out the approach to judicial review of regulations. The Katz approach is (or, maybe, was) a carve-out from the general law of judicial review. As Professor Daly notes, it grants a “hyperdeferential” margin of appreciation to those that promulgate regulations. The Katz approach, based on previous cases, simply asked… Continue reading
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The Disuse of Knowledge in the Administrative State
Regulation is not the right tool for intelligently dealing with complexity Continue reading
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Post-Truth, Redux
A faithful application of Vavilov reasonableness review exposes the rot at the core of Canada’s administrative law Continue reading
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Alexion: No Blank Cheques Here
In Alexion Pharmaceuticals Inc v Canada (Attorney General), 2021 FCA 157, the Federal Court of Appeal clarified the law of judicial review post-Vavilov (particularly as it applies to reasonableness review) and set out an important reminder: administrators are not a law unto themselves. In order to make sure that this is the case, particularly in… Continue reading
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The Core of It: Quebec Reference and Section 96
At the end of June, the Supreme Court of Canada released its decision in the Court of Quebec case (what I call, unoriginally, the Quebec Reference). The main question in the case: does art. 35 of the Code of Civil Procedure, which grants the Court of Quebec exclusive jurisdiction over all civil disputes up to… Continue reading
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Esprit d’Escalier
Just two years after its notorious decision in Gray’s case, the Supreme Court took a more skeptical view of the executive’s claims of broad emergency powers Continue reading
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“Administrative Sabotage” and the Ontario Human Rights Tribunal
Recently, Professor David Noll (Rutgers Law) posted a fascinating article called “Administrative Sabotage” on SSRN, forthcoming in the Michigan Law Review. You can view the article here, and Professor Noll wrote a fascinating thread outlining its main arguments. The abstract: Government can sabotage itself. From the president’s choice of agency heads to agency budgets, regulations,… Continue reading
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Bill C-10 and the CRTC Debacle
Does it get much worse? Continue reading
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The Politics of Law
Is law truly just a function of politics? Should it be? Continue reading
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Keeping Out or Stepping In?
When should the courts intervene in internal disputes of voluntary associations? Continue reading
Double Aspect 