federal court of canada

September 5, 2018

Girouard v CJC: An Administrative State Coup?

The administrative state is not a constitutional mandate Continue reading

Administrative Law, Uncategorized

Administrative Law, administrative state, federal court of canada, Superior Courts
July 17, 2012

The Prerogative of High-Handedness

Today, the Federal Court of Canada has issued its decision in Turp v. Canada (Justice), 2012 FC 893, rejecting Daniel Turp’s challenge to the federal government’s decision to withdraw Canada from the Kyoto Protocol. Unambiguously correct in law, this decision illustrates the importance of politics, and the limits of the power of the courts to hold governments Continue reading

Constitutional law, Political philosophy, The Justice System

federal court of canada, Kyoto, politics, underlying principles
April 9, 2012

Federal Court Roulette

Professor Sean Rehaag of Osgoode Hall has recently posted on SSRN a disturbing statistical analysis of the Federal Court of Canada’s decisions on applications for judicial review of refugee protection determinations by the Immigration and Refugee Board. His main conclusion, based on a study of more than 20,000 cases filed between 2006 and 2010, is Continue reading

Administrative Law, The Justice System

courts, federal court of canada, immigration law, judges