The Administrative Law & Governance Colloquium is a series of seminars with world-leading experts on public law, who will discuss their scholarship in depth in sessions chaired by Professor Paul Daly, the University Research Chair in Administrative Law & Governance. Attendance is open to students, faculty members and invitees from the public and private sector. […] Read more
Courts around Canada are beginning to apply the Vavilov framework. It is still (just about) too early to draw any firm conclusions. Nonetheless, even at this early stage in the life of Vavilovian judicial review there have been some interesting decisions. I have cbeen coming back to this post periodically to update it with significant […] Read more
In association with the Centre for Public Law and the Alex Trebek Forum for Dialogue Join some of Canada’s leading experts for a day-long conference analyzing the implications of the key decision of Vavilov for various areas of administrative decision-making. We will celebrate Vavilov’s first birthday on December 18. The conference will be remote, on […] Read more
In R. v. Sullivan, 2020 ONCA 333, the Ontario Court of Appeal considered the effect of declarations of unconstitutionality. This is a difficult area, with stare decisis and res judicata complicating the analysis but I think the Court of Appeal’s analysis is vitiated by a misconception as to the nature of declaratory relief. The basic […] Read more
I have posted the text of my Hugh Ketcheson QC Memorial Lecture, “Unresolved Issues after Vavilov“, to SSRN: In its decision in Canada (Citizenship and Immigration) v Vavilov the Supreme Court of Canada fundamentally altered Canadian administrative law. For the most part, the Court’s analysis was comprehensible and comprehensive. But on a number of key […] Read more
This week, I am giving the Hugh Ketcheson Memorial Lecture in Saskatchewan (remotely) on the topic of “Unresolved Issues After Vavilov” (see my earlier collection of posts). The last part is on the constitutional foundations of Vavilov. Here is a draft: In Dunsmuir v New Brunswick, Bastarache and LeBel JJ framed their rearticulation of the […] Read more
