reasonableness
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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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Alexion: No Blank Cheques Here
In Alexion Pharmaceuticals Inc v Canada (Attorney General), 2021 FCA 157, the Federal Court of Appeal clarified the law of judicial review post-Vavilov (particularly as it applies to reasonableness review) and set out an important reminder: administrators are not a law unto themselves. In order to make sure that this is the case, particularly in Continue reading
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An Oddity in Strom
In October, the Saskatchewan Court of Appeal released its much-anticipated decision in Strom. Strom raised a number of important issues: “ “at the intersection between professional regulation, Ms. Strom’s private life, and the s.2(b) Charter guarantee of freedom of expression in the age of social media.” Strom was a registered nurse. Her grandfather tragically Continue reading
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What Does Vavilov Stand For?
This post is co-written with Leonid Sirota. As we previously noted in a joint post on Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65, that decision leaves open the question whether reasonableness review, as explained in the majority reasons, tends toward deference or vigilance, and so whether it will be more rigorous Continue reading
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Tout nouveau, tout beau?
Ce que dit, et ce que ne dit pas, l’arrêt Vavilov, pour nos lecteurs francophones Continue reading
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Chevron on 2
The illogic of the Supreme Court of Canada’s approach to deference to administrative interpretations of law Continue reading
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After Vavilov, Doré is Under Stress
Part I of a two-part series on Doré Continue reading
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Vavilov’s Reasonableness Standard: A Legal Hard-Look Review
In my first post on Vavilov, I celebrated the Court for finally bringing some sense to the Canadian law of judicial review. Particularly, I focused on three issues relevant to determining the standard of review: the banishment of jurisdictional questions, the introduction of statutory rights of appeal as a category of correctness review, and the Continue reading
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Not Good Enough
The Supreme Court re-writes the law of judicial review in Canada, but not nearly well enough. Continue reading
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Is This Correct?
Should deference be denied to administrative interpretations of laws that implement international human rights? Continue reading
Double Aspect 