judicial review
-
A Small Win on Admin Law Expertise
I’ve written before how the Supreme Court’s approach to expertise is wrongheaded in a number of ways. Practically, by saying that expertise “inheres in a tribunal as an institution,” (Edmonton East, at para 33), the Court has simply asserted a fact that is unlikely to be empirically true across the mass of varied decision-makers. Rather, Continue reading
-
Textual Judicial Supremacy
The Canadian constitution’s text makes it clear that judges must have the last word on its interpretation Continue reading
-
Statutory Interpretation in Admin Law and the Supreme Court’s Trilogy
Over on Professor Daly’s blog Administrative Law Matters, Professor Audrey Macklin wrote what I would characterize as a confessional: an admission that the law of judicial review in Canada may be beyond repair. What Prof. Macklin proposes, in light of this realization, is a renewed focus on the principles of statutory interpretation, rather than a Continue reading
-
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
-
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
-
Delusions of Grandeur
Justice Abella sets out a vision of the Supreme Court as arbiter of national values Continue reading
-
Judicial Supremacy Defrocked
Justice Abella’s recent speech should remind us that courts are fallible. Continue reading
-
Bell/NFL: The Second Dunsmuir Redux Case
Two weeks ago, I summarized and analyzed the arguments in Vavilov, one of the Dunsmuir redux cases that will be heard at the Supreme Court in December. I’ll now do the same for the second case, Bell/NFL, which similarly focuses on an important conceptual difficulty in the law of judicial review: the presence and implications Continue reading
-
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
-
10 Things I Dislike About Administrative Law
A perspective from a skeptic Continue reading
Double Aspect 