deference
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Motte and Bailey Unreasonableness
There is much to learn from a recent English decision on police impartiality Continue reading
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Marxist Administrative Law
The Supreme Court re-writes the law of judicial review. Again. Maybe. Who knows, eh? Continue reading
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#LOLNothingMatters
The Supreme Court’s decision to uphold deferential review of administrative decisions that implicate “Charter values” is deeply unserious Continue reading
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It’s Nonsense But It Works
The Supreme Court’s latest administrative law decision is welcome, but it too is unsound in principle Continue reading
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Deferring to Discriminators
The US Supreme Court explains why courts should not defer to officials when it comes to rights issues Continue reading
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Simplicity in the Law of Judicial Review of Regulations: Auer and TransAlta
This post is derived from this week’s edition of my newsletter, the Sunday Evening Administrative Review. ______________________________________________ Auer v Auer, 2022 ABCA 375 (November 22, 2022); TransAlta Generation Partnership v Alberta (Minister of Municipal Affairs), 2022 ABCA 381 (November 23, 2022) Context and Holding: In these decisions, the ABCA deals with the question of how Continue reading
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If It’s Broke, You’re Not the One to Fix It
The Québec Court of Appeal takes it upon itself to update obsolete election legislation. That’s not its job. Continue reading
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Right Is Wrong
What an ordinary case can tell us about the problems of Canadian administrative law Continue reading
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Post-Truth, Redux
A faithful application of Vavilov reasonableness review exposes the rot at the core of Canada’s administrative law Continue reading
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Unholy Trinity
Introducing a new article that makes the case against judicial deference to administrative applications of constitutional law Continue reading
Double Aspect 