-
It’s That Time of the Year
Announcing the second edition of Double Aspect’s 12 Days of Christmas symposium
-
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…
-
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…
-
Not Good Enough
The Supreme Court re-writes the law of judicial review in Canada, but not nearly well enough.
-
Canada Post: Vavilov’s First Day in the Sun
Vavilov didn’t have to wait long to have its first day in the sun. In Canada Post Corp v Canadian Union of Postal Workers, 2019 SCC 67 (a 7-2 opinion, Abella and Martin JJ dissenting), the Court had its first crack at applying the revised standard of review framework set out in Vavilov. In my…
-
Vavilov: A Step Forward
**This post originally appeared on Advocates for the Rule of Law** Today, the Supreme Court of Canada released its decisions in Vavilov and Bell/NFL. I have previously summarized the facts of these cases and analyzed them here (Vavilov) and here (Bell/NFL). Overall, today’s decisions (a 7-2 decision, Abella and Karakatsanis JJ concurring in result) are…
-
Because It’s (The End of) 2019: Focusing on Legislative Meaning in Judicial Review
For Canadian legal watchers, specifically administrative law aficionados, 2019 has been a year of frustration and “confusion and contestation.” On one hand, we await guidance from the Supreme Court in Vavilov and Bell/NFL regarding the standard of review of administrative action. In other ways, we have seen interesting trends from the Supreme Court on other…
-
Constructive Shooting
How to evaluate New Brunswick’s use of the Charter’s “notwithstanding clause.”
-
Shooting Gallery
A proposed invocation of the Charter’s “notwithstanding clause” in New Brunswick is misguided and disturbing
-
Rafilovich: A Textualist (or Quasi-Textualist) Turn?
Since Telus v Wellman, the Supreme Court of Canada has moved towards a sort of “textually constrained” purposivism in statutory interpretation cases. To my mind, textually constrained purposivism involves two parts: (1) a focus on the text over abstract purposes in determining the meaning of text and (2) if there are conflicting purposes at the…
Double Aspect 