Administrative Law
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The Life and Times of Patent Unreasonableness
Post-Vavilov, can a legislature freely specify the standard of review? The answer seems obvious. Legislation overrides the common law, so as the Vavilov majority states, “…where the legislature has indicated the applicable standard of review, courts are bound to respect that designation, within the limits imposed by the rule of law” (Vavilov, at para 35).… Continue reading
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The Common Good Administrative State
The Internet has been captivated by Professor Adrian Vermeule’s provocative essay in The Atlantic on so-called “common good constitutionalism” (CGC). CGC could be describes as part of a larger theory that co-blogger Leonid Sirota calls “right-wing collectivism,” which “blends support for using the power of the state to advance traditional moral values, a hostility to… Continue reading
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Stupid. But Constitutional.
The Globe and Mail reports that the government is seeking to introduce wideranging methods to permit the Cabinet to raise revenue. However, this report has now evolved, and the proposed measures have been walked back. But the original Globe article said: One section of the bill grants cabinet the power to change taxation levels through… Continue reading
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The Nero Post: Two Niche Issues in Judicial Review Post-Vavilov
Lest I be accused of fiddling while Rome burns, I wish to note that I approach a pandemic as a time in which we must, subject to social distancing and isolation, proceed as normal as much as possible. Indeed, it is this sense of normalcy that should characterize what we do as much as possible.… Continue reading
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UAlberta Pro-Life: Another Nail in the Doré Coffin?
On the Ontario Bar Association website, Teagan Markin describes and analyzes the recent UAlberta Pro-Life Case, 2020 ABCA 1. I had meant to blog on this decision when it came out, but life intervened, so I thank Markin for reminding me of the case. In the case, Watson JA employs a creative use of the… Continue reading
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Making a Monster
A report on the future regulation of the internet proposes giving the CRTC overwhelming and unaccountable powers Continue reading
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What Does Vavilov Stand For?
This post is co-written with Leonid Sirota. As we previously noted in a joint post on Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65, that decision leaves open the question whether reasonableness review, as explained in the majority reasons, tends toward deference or vigilance, and so whether it will be more rigorous… Continue reading
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Richardson: Rigorous Vavilov Review
In one of the Federal Court of Appeal’s post-Vavilov cases, CNR v Richardson, the Court (per Nadon JA) demonstrates that Vavilov review, on substantive questions of law, will not be inattentive or subordinate to administrative discretion. Indeed, while some suggest that Vavilovian review is “inherently deferential,” I see the matter quite differently: Richardson shows how… Continue reading
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Tout nouveau, tout beau?
Ce que dit, et ce que ne dit pas, l’arrêt Vavilov, pour nos lecteurs francophones Continue reading
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Chevron on 2
The illogic of the Supreme Court of Canada’s approach to deference to administrative interpretations of law Continue reading
Double Aspect 