A reminder that Professor Peter Shane (NYU) will be joining me on Wednesday, at 11.30 eastern time, in the latest instalment of this year’s Administrative Law & Governance Colloquium on “Executive Power“. Professor Shane and I will be discussing his book Democracy’s Chief Executive: In the eyes of modern-day presidentialists, the United States Constitution’s vesting […] Read more
The Supreme Court of Canada’s most recent entry in its standard of review catalogue is Ontario (Attorney General) v. Ontario (Information and Privacy Commissioner), 2024 SCC 4. Here, the Commissioner had ordered that mandate letters issued by the Premier of Ontario to his cabinet ministers should be released under the Freedom of Information and Protection […] Read more
Readers will no doubt have noticed Justice Mosley’s decision last week in Canadian Frontline Nurses v. Canada (Attorney General), 2024 FC 42, holding that the invocation of the Emergencies Act by the federal government in 2022 was unlawful, both because the reasons given lacked justification given the constraints of the Act (and the facts) and […] Read more
I am honoured (and a little bit intimidated!) to have been invited to participate in the ‘cycle de conférences‘ of the Chaire Jean-Louis Baudoin at my old stomping ground, the Université de Montréal, on Friday. I’ll be talking about the civil-law style in administrative law and how to reconcile it with the approach of common […] Read more
I have been working on a ‘year in review’ publication for the Energy Regulation Quarterly, which should be published open-access in English and French in the not-too-distant future. To whet your collective appetite, here are some opening thoughts… Canadian administrative law is, at present, in a relatively settled state. The years since the seminal Supreme […] Read more
A rare defeat for a regulator on an issue of procedural fairness occurred in Alta Link Management Ltd v. Alberta Utilities Commission, 2023 ABCA 325. At issue here were a series of decisions made by the Commission relating to the recovery, through rates, of expenses incurred in Alberta’s transmission and distribution network. To be more […] Read more
In an interesting recent decision, the Federal Court of Appeal grappled with the scope of the ‘open court’ principle. In Canadian Broadcasting Corporation v. Canada (Parole Board), 2023 FCA 166, the CBC sought judicial review of the Board’s refusal to release copies of the audio recordings of parole hearings of three offenders, amongst them Paul […] Read more
You can now register for this year’s Administrative Law & Governance Colloquium on “Executive Power”. Registration is open and you can also simply join any or all of the webinars by clicking the links below or in the attached PDF. Here is a description of this year’s series: Executive power has been the site of […] Read more