Administrative Law
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Bill C-10 and the CRTC Debacle
Does it get much worse? Continue reading
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For What It’s Worth
University of Toronto professor Richard Stacey recently released an article in the University of Toronto Law Journal (paywalled, which is truly unfortunate), arguing that (among other things) the Supreme Court of Canada’s decision in Vavilov “affirm[s]” the Supreme Court’s controversial decision in Doré (340; see also 351). To be specific, Stacey says (340-341): Read together, Continue reading
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On John Willis and the Pesky Politics of Administrative Law
John Willis was and is considered one of Canada’s most important administrative law academics. As a student of administrative law and the law of judicial review, one cannot skip Willis’ classic works, like his books “The Parliamentary Powers of English Government Departments” and “Canadian Boards at Work”—and his caustic papers, including his attack on the Continue reading
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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 Continue reading
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The Common Good Administrative State
The Internet has been captivated by Professor Adrian Vermeule’s provocative essay in The Atlantic on so-called “common good constitutionalism” (CGC). CGC could be describes as part of a larger theory that co-blogger Leonid Sirota calls “right-wing collectivism,” which “blends support for using the power of the state to advance traditional moral values, a hostility to Continue reading
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CBC v Ferrier, 2019 ONCA 1025: Considering Consideration of the Charter
Part II of a two-part series on Doré. Continue reading
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Day 12: Mark Mancini
Here are my three favourite dissents at the Supreme Court of Canada. All of my dissents are united by a focus on the Rule of Law and constitutionalism, traditionally understood. In other words, they prioritize constitutional text over abstract values; and they focus particularly on the hierarchy of laws under which the Constitution>statutes>the common law. Continue reading
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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 Continue reading
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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 Continue reading
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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 Continue reading
Double Aspect 