Administrative Law
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CBC v Ferrier, 2019 ONCA 1025: Considering Consideration of the Charter
Part II of a two-part series on Doré. Continue reading
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After Vavilov, Doré is Under Stress
Part I of a two-part series on Doré Continue reading
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Day 12: Mark Mancini
Here are my three favourite dissents at the Supreme Court of Canada. All of my dissents are united by a focus on the Rule of Law and constitutionalism, traditionally understood. In other words, they prioritize constitutional text over abstract values; and they focus particularly on the hierarchy of laws under which the Constitution>statutes>the common law.… Continue reading
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Day 11: Asher Honickman
Standing on basic principles Continue reading
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Day 10: Bruce Ryder
Riding the waves of ascendant normative currents Continue reading
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Day Four: Jonathan Maryniuk
I am honoured to be asked to provide three of my favourite Supreme Court of Canada dissents. I enjoyed reading dissents in my free time even before I was even accepted into law school. Picture me: I am in the lunchroom at one of my summer warehouse jobs in the middle of the night. … Continue reading
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It’s That Time of the Year
Announcing the second edition of Double Aspect’s 12 Days of Christmas symposium Continue reading
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Vavilov’s Reasonableness Standard: A Legal Hard-Look Review
In my first post on Vavilov, I celebrated the Court for finally bringing some sense to the Canadian law of judicial review. Particularly, I focused on three issues relevant to determining the standard of review: the banishment of jurisdictional questions, the introduction of statutory rights of appeal as a category of correctness review, and the… Continue reading
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Vavilov: A Note on Remedy
With all of the discussion of Vavilov’s revised standard of review analysis, one aspect of the decision has gone somewhat unnoticed: the renewed focus on the remedy in judicial review proceedings. I write today to discuss this “development” in the Canadian law of judicial review. While the Court certainly applied existing principles in declining… Continue reading
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Not Good Enough
The Supreme Court re-writes the law of judicial review in Canada, but not nearly well enough. Continue reading
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