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Much Ado About Context: A Note in Anticipation of Vavilov et al
A short post today about the role of “context” in administrative law. Many speak about “context” in the law of judicial review as if it is some inherent element of the law. In Khosa, Justice Binnie, for example, noted that in applying the reasonableness standard of review, the standard “takes its colour from the context” Continue reading
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Upcoming Talks
Following in my co-blogger Leonid Sirota’s footsteps, I am posting a list of the talks I am giving across Canada this fall. My list is much shorter than Leonid’s, but if you are at any of these events, please feel free to come say hello. As Leonid says, it is always great to meet readers Continue reading
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Access to Justice and the Administrative State
Recently, as is well-known, the Ontario government announced a 30% cut to legal aid. The effects of this cut are already being felt, most prominently at Canada’s largest tribunal. The Immigration and Refugee Board [IRB] announced last week that it expected the legal aid cuts to cause “longer hearings, more postponements and adjournments and more Continue reading
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All or Nothing At All?: Restricting the Growth of the Administrative State
Non-delegation limits do not spell the end of administrative government. Continue reading
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At the Executive’s Pleasure
When Parliament delegates power to agencies, it does so for any number of reasons. At least in theory, Parliament could delegate to a tribunal because it genuinely believes that some particular problem requires expert treatment. Parliament could also delegate as part of a “make or buy” decision, in a Coasian sense: the costs of crafting Continue reading
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Maryniuk on Doré
The Supreme Court’s decision in Doré v Barreau du Québec, 2012 SCC 12, [2012] 1 SCR 395 continues to be one of its most consistently criticized. It was, for instance, one of the most frequently mentioned as being among the Court’s worst by the participants in our recent 12 Days of Christmas symposium. Even more Continue reading
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John Finnis and the Law Society
Would the Law Society of Ontario punish a scholar for failing to promote equality, diversity, and inclusion? What about those who defended such a scholar’s academic freedom? Continue reading
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The Canadian Legal Mandarinate
Why we ran the 12 Days of Christmas symposium Continue reading
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Day Twelve: Leonid Sirota
It’s easy enough to make a list of very bad Supreme Court decisions ― there is no shortage of material. The challenge, rather, is to reduce the list to some fixed number. Anyway, here’s my attempt, influenced in part by a wish to present cases from a variety of areas and to highlight some that have Continue reading
Double Aspect 