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Taming the Administrative State
Two books in the administrative law literature
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CHRC: The Presumption of Reasonableness and the Rule of Law
Worries about the upcoming review of Dunsmuir
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Administrative Law’s Virtues and Vices
What Joseph Raz’s classic Rule of Law article tells us about administrative law
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No Shortcuts to Legality
Justice Stratas on the limits of the judicial practice of making up reasons for administrative decisions
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SCC Skepticism
In a recent piece in Maclean’s, Adam Goldenberg explains why the Supreme Court of Canada (SCC) does not suffer from the same partisan interest the Supreme Court of the United States (SCOTUS) does. He lists three main reasons: (1) the nature of partisanship in the US; (2) the American conservative movement’s incubator for legal talent;
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The Limits of Legal Expertise
What kind of experts are legal experts ― and is their authority in danger?
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Trinity Western: Is this the price of good doctrine?
In Trinity Western, the Court confirmed (to undoubted cries of agony) that its approach to judicial review of administrative decisions implicating Charter rights, set out in Doré, is nominally still good law. But in application, the Court significantly changed Doré. It applied the typical tests developed in the context of constitutional challenges to legislation,
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What’s Left of Freedom?
In the Trinity Western cases, the Supreme Court eviscerates religious liberty in Canada
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The Supreme Court v the Rule of Law
In ruling against Trinity Western’s fundamentalist law school, the Supreme Court unleashes the administrative state
Double Aspect 