standard of review
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Because It’s (The End of) 2019: Focusing on Legislative Meaning in Judicial Review
For Canadian legal watchers, specifically administrative law aficionados, 2019 has been a year of frustration and “confusion and contestation.” On one hand, we await guidance from the Supreme Court in Vavilov and Bell/NFL regarding the standard of review of administrative action. In other ways, we have seen interesting trends from the Supreme Court on other Continue reading
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The New Administrative Law II: Why Defer?
Part II of a two-part series on administrative law 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
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Lowering Expectations: The Supreme Court’s Standard of Review Cases
Why, sadly, Canada’s administrative law community should probably lower its expectations. Continue reading
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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
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CHRC: The Presumption of Reasonableness and the Rule of Law
Worries about the upcoming review of Dunsmuir Continue reading
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Jiggery-Pokery
The standard of review issues in the Supreme Court’s West Fraser decision Continue reading
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Moving Dunsmuir past Dunsmuir
Democratic accountability for privative clauses, and its consequences for the standard of review analysis Continue reading
Double Aspect 