Sometimes the facts of a case are so egregious as to cry out for a remedy. A recent example is Montgomery c. Commission municipale du Québec, 2022 QCCS 199. It put me in mind of a classic Irish case, Kiely v. Minister for Social Welfare [1977] IR 267. First, Montgomery. M, formerly a journalist with […] Read more
I have posted a new paper to SSRN, reflecting on the lessons of the pandemic for the Canadian legal system. It is to appear in a French-language collection edited by Jean-Bernard Auby. You can download the full paper here. In Section 1, I lay out the basic principles of administrative justice and judicial justice in […] Read more
I suppose having written a book entitled Understanding Administrative Law in the Common Law World (OUP, 2021), it is only appropriate to have a symposium on the book on a blog entitled Administrative Law in the Common Law World (a wonderful collective endeavour to which I am very proud to have offered the opening post). […] Read more
The next session in this year’s Administrative Law & Governance Colloquium, Artificial Administration: Automation, Digitization and Artificial Intelligence in Public Administration, takes place on Tuesday, March 8 at 11.30 eastern. Register here. Or join directly here. Dr. Sunny Kang (Visa) will be addressing “Algorithmic Accountability in Public Administration: The GDPR Paradox”. Here is her bio: […] Read more
Here is the video from Dr. Janina Boughey’s presentation at this year’s Administrative Law & Governance Colloquium: https://www.youtube.com/watch?v=KfVvTRR6WOs The Colloquium continues next week, with Dr. Sunny Kang. You can register here. Read more
Hart Publishing is kindly offering a discount for Administrative Law Matters readers on Rabinder Singh, The Unity of Law. Lord Justice Singh is a senior member of the British judiciary and was, prior to his appointment to the bench, a leading barrister with a broad practice in public and commercial law (one of the last […] Read more
Several of the documents relied upon by the federal government to justify its declaration this week of a “public order emergency” under the Emergencies Act are now in the public domain via journalists from various organizations [EDIT: as Lyle Skinner points out to me, the documents are in the public domain by virtue of having […] Read more
In earlier posts on this week’s s declaration of a “public order emergency”, I have considered whether asset freezing is authorized in a “public order emergency” (see here) and outlined the scope of the emergency measures adopted last night (see here). In this post, I consider the legal standard for declaring a “public order emergency” […] Read more
Last night the federal government published the emergency measures made under the Emergencies Act. I will post separately, in light of these measures, on how the courts are likely to determine (if asked) the standard for declaring a “public order emergency” under Act has been met. My focus on this post is on the strikingly […] Read more
As you all know, the centre of Ottawa is currently occupied by groups protesting a variety of pandemic-related public health measures. In addition, there are blockades at borders elsewhere in the province and in Canada, as well as a variety of protests in cities around the country. Yesterday, the federal government declared a “public order […] Read more