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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”…
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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…
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Ignoring Legislative Intent: Deference in Quebec and s.96
The constitutionality of a regime of deference is not something much explored in the wider context of Canadian administrative law. But in Quebec, the question is a live one because of particular statutory and judicial arrangements. The Quebec Court of Appeal just released a case [the Reference] that dealt with the question head on: does…
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The Rule of Law All the Way Up
Introducing my recently-published chapter on the Rule of Law and Canadian constitutional law
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CARL v Canada, 2019 FC 1126: Administrative Delegation and Guidelines
How far can an administrative agency go before it fetters its decision-making discretion? This is an important practical question. On one hand, the Federal Court of Appeal has recognized that agencies can issue guidelines—even in absence of any legislative authorization to do so (Thamotharem, at para 56), in part because agencies are masters in their…
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The System Is Working
Environmentalist groups have a point when they say they are being muzzled by Elections Canada; trouble is, that’s exactly how the law is meant to work
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The First Year of Law School
For many, the coming of September signals the start of a new school year. More specifically, law schools will be kicking into full gear in the coming days and weeks, and nervous 1Ls will occupy the halls of law schools the country over. 1L can be a scary time; meeting new people, overcoming the challenges…
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The Tragedy of Lord Sumption
Thoughts on Lord Sumption’s views on the relationship between law and politics
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The Fault Will Be Ours
Lord Sumption on politics, law, and the meaning and decline of democracy
Double Aspect 