I am working on a paper for an edited collection to be published by Hart Publishing (Matthias Klatt ed.) on constitutionally conforming interpretation. I have been considering the various ways in which this and related principles operate in Canada. Here are some early reflections. Comments are very welcome, as this is a very complex area… […] Read more
I participated last week in a discussion organized by ALAI Canada on the Supreme Court of Canada’s recent decision in York University v. Canadian Copyright Licensing Agency (Access Copyright), 2021 SCC 32. This was a very important decision for the Copyright Board of Canada and for “collective societies” like Access Copyright (see Michael Geist and […] Read more
This is the final post in the series on the Kerr Report cross-posted from the Australian Public Law blog. I am the author of this one… Before situating the Kerr Report in what I consider to be its historical context, let me begin with a quibble. The Kerr Report considered comparative materials in some detail. […] Read more
I am happy to say the Gilbert & Tobin Centre of Public Law (University of New South Wales) has invited me to participate in its book launch series. The topic, of course, will be Understanding Administrative Law in the Common Law World. The event will take place this week. Register here. There will be introductory […] Read more
I have uploaded a pre-publication version of “Big Bang Theory: Vavilov’s New Framework for Substantive Review“, my chapter in Flood & Daly eds., Administrative Law in Context (4th ed., Emond Montgomery, 2021): This Chapter sets out the new administrative law framework the Supreme Court of Canada established in Vavilov. The decision in Vavilov was the […] Read more
Something more than filial pride prompts me to recommend Stephen Daly, Tax Authority Advice and the Public (Hart, 2020). This is a fine book about the application of public law principles to the provision of advice by the UK tax authorities (but whose lessons are generalizable to other jurisdictions). Tax authority “advice” takes various forms, […] Read more
I have posted “Life After Vavilov? The Supreme Court of Canada and Administrative Law in 2021” to SSRN. I will be presenting this next week at the CLEBC Administrative Law Conference: In this paper, I review the Supreme Court of Canada’s 2021 administrative law jurisprudence. I discuss the appellate standard of review; the Supreme Court’s […] Read more
The Supreme Court of Canada heard the appeal in Law Society of Saskatchewan v Abrametz on Monday, from this decision of the Court of Appeal for Saskatchewan: 2020 SKCA 81. I was co-counsel for the appellant law society. You can watch the proceedings here. The hearing was virtual. We suffered a technical glitch when, about […] Read more
This is the penultimate post in the series on the 50th anniversary of the Kerr Report, cross-posted from the Australian Public Law blog. In the 1970s Australia was poised to move ahead of the world in allowing access to government information. Just before the federal election in 1972 the Australian Labor Party promised legislation for […] Read more
Registrations are open for the ANU Law conference on ‘Public Law and Inequality’ on 16-18 February 2022, organised by the Centre for International and Public Law. The conference will be held in a hybrid format, with an in-person conference for those in Australia and with international participants in virtual attendance. There is a modest registration […] Read more