-
ESA II: The Standard of Review and Rogers
In Entertainment Software Association, Stratas JA for the Court set out a number of important comments about statutory interpretation and international law. I dealt with those comments in a previous post. I write again about this case to highlight Stratas JA’s comments on the standard of review. Particularly, Stratas JA was faced with the propriety…
-
The Continued Relevance of “Jurisdiction”
This post is co-written with Leonid Sirota One of the innovations of Vavilov was its dispatch of so-called “jurisdictional questions” from the standard of review analysis. A long-time feature of Canadian administrative law, jurisdictional questions were said to arise “where the tribunal must explicitly determine whether its statutory grant of power gives it authority to…
-
Entertainment Assoc, 2020 FCA 100: A New Canadian Textualism
In Entertainment Software Assoc v Society of Composers, 2020 FCA 100, Stratas JA (for the Court) made a number of interesting comments about statutory interpretation in the administrative state and the role of international law in the interpretive activity. In this post, I review these comments, and agree with them wholeheartedly. This case is an…
-
Doré Revisited: A Response to Professor Daly
Over on Administrative Law Matters, Professor Paul Daly argues that Doré actually “emerges strengthened” from Vavilov. Professor Daly’s post responds to my own paper (The Conceptual Gap Between Doré and Vavilov) and post, where I argue the opposite. In this post, I would like to respond critically to Professor Daly’s interesting and provocative arguments. I…
-
Through Which Glass, Darkly?
Introducing a new article on the Rule of Law in two decisions of the supreme courts of Canada and the United Kingdom
-
Against Administrative Supremacy
A response to the “Guest Posts from the West Coast” Series
-
New Paper on Doré and Vavilov
Frequent readers of this blog will know that I have written here on the subject of the propriety of Doré post-Vavilov. As many of you know, I do not believe that Doré can stand in light of Vavilov. I have now outlined more extensively why that is is, in a paper that will appear in…
-
Expertise in Pandemic Life
With the COVID-19 pandemic in full swing, many (for example, Phil Lagasse) have written about the role of experts in public life. The controversy seems to centre around a few points of contention: (1) the degree to which quintessentially political decisions should depend on expert guidance (2) the degree to which the public can…
-
One Does Not Simply
Ensuring access to justice isn’t simply a matter of the legal profession’s being more open to “experiments”
-
How Much Justice Can You Afford?
The trade-offs involved in designing fair administrative procedures
Double Aspect 