2021

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Tribunal Independence Webinars

Windsor Law, in association with Tribunal Watch Ontario, is holding two free webinars on tribunal independence. Tribunal Independence and Impartiality kicks off tomorrow, May 25, with another event on June 1. The webinar speakers have contributed short blog posts, which can be accessed here. The jumping-off point is provided by Tribunal Watch’s The Adjudicative Tribunal System: Statement of Principles […] Read more

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Reviewing Regulations of National Concern: Administrative Law Matter (No. 2) in the References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11

In my previous post on References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11, I discussed Côté J’s partial dissent on the constitutionality of Henry VIII clauses. There I noted that the argument about the constitutionality of Henry VIII clauses turns in part on the existence of robust judicial oversight. The topic of this […] Read more

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The Constitutionality of Henry VIII Clauses in Canada: Administrative Law Matter (No. 1) in the References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11

Last month, the Supreme Court of Canada issued its decision in the References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11. I am going to post three pieces on the decision: this one, on constitutional limits on delegation in Canada; a second on review of regulations made under the Act, especially Part 2 of […] Read more

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Reviewing Judicial Review: The Faulks Report

The UK’s Independent Review of Administrative Law was completed earlier this year. The Faulks Report was published today. Although the UK government may try to suggest otherwise, the headline is that the Panel does not think significant reforms of judicial review are appropriate. Chapter 1 addresses the possibility of codifying administrative law. (You can see […] Read more