deference
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The True Legacy of Dunsmuir ― Disguised Correctness Review?
Why isn’t judicial review as deferential as courts say it should be? Continue reading
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Theorizing Administrative Law
Does Dunsmuir Have a Philosophy? Continue reading
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Si l’histoire de la norme m’était contée
Évolution et circonvolutions du principe de déférence au Canada Continue reading
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RIP Reasonableness?
Does the Supreme Court’s latest administrative law decision mean it is no longer committed to deference to tribunals? Continue reading
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Squaring the Public Law Circle
Canadian administrative lawyers keep trying to reconcile parliamentary sovereignty and the Rule of Law; they shouldn’t bother Continue reading
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Law in La-La-Land
The post-truth jurisprudence of Canadian administrative law Last month, the Supreme Court issued a decision in Edmonton (City) v. Edmonton East (Capilano) Shopping Centres Ltd., 2016 SCC 47, which deals with the evergreen issue of determining the standard on which a court must review the decision of an administrative tribunal. I wasn’t able to comment on this case at Continue reading
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A Voice of Moderation?
Thoughts on the Chief Justice’s Speech on “Democracy and the Judiciary” Her court might not be very busy ― it had decided only 19 cases this year through May 31, the lowest number this century ― but Chief Justice McLachlin certainly is. Another Friday, another speech. After the one she gave at the Université de Montréal‘s Continue reading
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A Cost/Benefit Analysis of Judicial Review
I want to come back to the issue of judicial review ― both of legislation and of administrative decisions ― and deference, about which I wrote earlier this week. In that post, I suggested that our views on deference in judicial review are a function of our deeper beliefs on such principles as democracy and the Rule Continue reading
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Absence of Evidence…
Last week, the Alberta Court of Appeal delivered an interesting decision rejecting a constitutional challenge to the province’s prohibition on private health insurance brought by way of an application. In Allen v Alberta, 2015 ABCA 277, the Court held unanimously that the applicant hadn’t provided a sufficient evidentiary basis for his challenge, and that it should have been Continue reading
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Consistency and Complexity in Judicial Review
In a (somewhat) recent post commenting on Justice Brown’s appointment to the Supreme Court, Paul Daly wrote about “an interesting paradox” in the world of judicial review of decisions by the “political branches” of government: “[t]hose [who] would defer to Parliament would not defer to the executive.” The “conservatives” who are skeptical of judicial review of Continue reading
Double Aspect 