2014
From Blogger
Conseil d’État — Comedians Have no God-Given Right to Engage in Hate Speech
Paul Daly January 10, 2014
Much ink has been spilled over the Conseil d’État’s decision yesterday to maintain a ban on a performance by comedian Dieudonné M’Bala M’Bala. M’Bala M’Bala is said to be anti-semitic and is highly controversial. Concerned about public safety, a municipal official in Nantes issued an order banning M’Bala’s planned a performance last night. On an […] Read more
From Blogger
Unthinking Thinking Like a Lawyer: the Struggle for Deference in Canada
Paul Daly January 10, 2014
This is the draft title of a book chapter I have prepared for a forthcoming collection on substantive review. I have a draft of the chapter which I am happy to circulate to those who are interested in commenting on it. Feel free to email me: paul dot daly at umontreal dot ca. Here is […] Read more
From Blogger
Tribunal Independence: Ron Ellis — Unjust by Design: Canada’s Administrative Justice System
Paul Daly January 9, 2014
Having worked at the tribunal coalface for many years, Ron Ellis is very well placed to comment on the independence of Canada’s administrative tribunals. In Unjust by Design, he eviscerates the current system and draws out a road map for reform. The book is fascinating and well worth reading in full. I will limit myself […] Read more
From Blogger
Can there be too much Standard of Review in Canadian Administrative Law?
Paul Daly January 8, 2014
When I was on the job talk circuit a couple of years ago, an eminent professor confessed that s/he had only half paid attention to my presentation, noting that s/he had stopped paying attention to Canadian administrative law about 20 years ago and was satisfied that s/he had missed nothing: “Obviously you are having the […] Read more
From Blogger
Internal Standard of Review: A Promising B.C. Decision
Paul Daly January 3, 2014
I have posted before about the standard of review where an administrative decision-maker reviews another decision-maker: see especially here and also here and here. There are two important matters, in my view. First, the appellate administrative decision-maker is not limited to a choice between a full de novo hearing and a judicial-review type proceeding: there […] Read more