Administrative Law
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At the Executive’s Pleasure
When Parliament delegates power to agencies, it does so for any number of reasons. At least in theory, Parliament could delegate to a tribunal because it genuinely believes that some particular problem requires expert treatment. Parliament could also delegate as part of a “make or buy” decision, in a Coasian sense: the costs of crafting Continue reading
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The Administrative Law “Trilogy”: The Stare Decisis Trap
This post originally appeared on Advocates for the Rule of Law. This week, the Supreme Court of Canada finally heard the consolidated appeals in Bell/NFL and Vavilov. ARL, expertly represented by Adam Goldenberg, put forward our submissions on the matter, which focus on a return to the basis of the law of judicial review: its Continue reading
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Lowering Expectations: The Supreme Court’s Standard of Review Cases
Why, sadly, Canada’s administrative law community should probably lower its expectations. Continue reading
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The Supreme Court’s Unreasonable Reasons Doctrine in Admin Law
Why Newfoundland Nurses should be overturned and a recent FCA case adopted as a new starting point. Continue reading
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Vavilov: Doing the Administrative State’s Dirty Work
Over the next few weeks, I will be taking some time in this space to summarize the submissions in the upcoming Dunsmuir review: the cases of Vavilov and Bell/NFL. Today I will focus on Vavilov, and the proposals offered by both the Appellant (the Government of Canada) and the Respondent (Vavilov) for the standard of Continue reading
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Anglin: Administrative Lawmaking
How administrators could make law in the dark of night. Continue reading
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Sunstein and Vermeule on Fuller: A View from Canada
What would Lon Fuller think about Canada’s standard of review framework? Continue reading
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Trinity Western, Dissected
The video of a discussion of the Supreme Court’s decision, held at the Centre for Constitutional Studies Continue reading
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10 Things I Dislike About Administrative Law
A perspective from a skeptic Continue reading
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Girouard v CJC: An Administrative State Coup?
The administrative state is not a constitutional mandate Continue reading
Double Aspect 