Some nice news today from the 2014 Clawbies. My blog won in the Best Law Professor Blog category and the judges (Jordan Furlong, Steve Matthews and Simon Fodden) had something nice to say: Administrative Law Matters, by Université de Montréal Assistant Professor Paul Daly, isn’t just the best law professor blog in the country; we […] Read more
A new year is almost upon us. Here is a provocative thought for 2015. Does more judicial review of government action mean that more judicial review will be conducted secretively? Over recent decades, the grounds on which official action can be challenged have increased in number and scope. Legitimate expectations and factual errors are now […] Read more
Much ink has been spilled on the role of reasons in administrative law. Reasons straddle the divide between process and substance: on the one hand, the obligation to give reasons is typically seen as an aspect of procedural fairness; on the other hand, the adequacy of reasons given for a decision will usually be treated […] Read more
I am rusty on civil procedure — because I do not pay enough attention to Karim Renno’s torrent of excellent posts! — but I think I am entitled to a response to his reply to my defence of deference on questions of procedural fairness. Whether he wants a sur-reply is up to him; by then […] Read more
Lawyer Ian Richler (Gowlings) has posted a fascinating comment on a revision to Ontario’s Rules of Professional Conduct. Now, rule 3.2-5 prohibits threatening “to make a complaint to a regulatory authority” in order to “gain a benefit” for a client. An exception is set out for “an application made in good faith to a regulatory […] Read more
Tension about the uniform application of federal criminal law is in the news again. There is a suggestion that Ontario may refuse to enforce Canada’s new prostitution legislation, enacted recently after the previous provisions were struck down by the Supreme Court of Canada. This recalls recent and ongoing controversies in North America: state legalization of […] Read more
Nominations are open for this year’s Canadian Law Blog Awards. I’m going to make one repeat nomination and a couple of unconventional ones. (1) Léonid Sirota (again: his constitutional law posts on Double Aspect are outstanding); (2) Colin Lachanche (he piloted CanLII Connects, which is a superb project that aims to make expert commentary and […] Read more
The extent to which administrative decision-makers should be allowed to participate in judicial review challenges to their decisions is a difficult question. On the one hand, limited participation deprives a reviewing court of important perspectives that an administrative decision-maker might be able to bring to the discussion. On the other hand, aggressive participation might — […] Read more
President Obama recently announced a significant policy of non-enforcement of immigration law aimed at protecting the position of illegal immigrants who are on a ‘pathway’ to citizenship. There is an excellent symposium at Jack Balkin’s blog, accessible here. Simply put, President Obama’s argument is that the legislative branch has not allocated sufficient resources to apply […] Read more
Should courts defer to administrative decision-makers on procedural matters? As things stand (for the most part), judicial intervention is warranted whenever a decision-maker fails to live up to judicially developed conceptions of fairness. But this judicial supremacy sits uneasily with the modern, context-sensitive duty of fairness. Historically, automatic intervention whenever a decision-maker deviated from the […] Read more