reasons
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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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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
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No Shortcuts to Legality
Justice Stratas on the limits of the judicial practice of making up reasons for administrative decisions Continue reading
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Dunsmuir 10 Years Later
The context, aims, and aftermath of Dunsmuir Continue reading
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Why’d You Do This?
Giving Parliament more time on assisted suicide, the Supreme Court fails to explain itself On Friday, the Supreme Court issued its ruling on the federal government’s request for an extension of the suspension of the declaration of unconstitutionality of the Criminal Code’s provisions that have the effect of making assisted suicide unlawful in all circumstances. Continue reading
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What They Said
It is usually understood that judges must give reasons for their decisions. But does it matter if the reasons a judge gives are largely lifted from the submissions of one of the parties? That was the question that the Supreme Court of Canada confronted in Cojocaru v. British Columbia Women’s Hospital and Health Centre, 2013 SCC 30, delivered on Continue reading
Double Aspect 