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The Canadian Judiciary and COVID-19

Later this year, starting next month, Verfassungsblog will be running a symposium on the law and politics of the pandemic. I’m contributing a piece on Canada. Here are some thoughts, building on a book chapter I wrote last summer. The role of the judiciary has been relatively passive. Monsanto v. Canada (Health), 2020 FC 1053 […] Read more

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Patent Unreasonableness after Vavilov

Happy New Year! I have posted “Patent Unreasonableness after Vavilov” to SSRN. Here is the abstract: Much ink has already been spilled about the implications of the Supreme Court of Canada’s reformulation of administrative law in Canada (Citizenship and Immigration) v Vavilov. One issue, which has largely been overlooked in the literature but will require […] Read more

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Registration Open for the Administrative Law & Governance Colloquium 2021 “Front-Line Administration”

Register here for the 2021 Colloquium, which will be free to access online via Zoom. Further details on the theme of “Front-Line Administration” and the speakers can be found here. And here is the schedule: Tuesday, February 9, 2020, 11.30am to 1pm EST Marc Hertogh (Groningen), Legal Alienation in Front-Line Decision-Making (discussing Nobody’s Law: Legal […] Read more

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Who Decides What to Shut Down (II)?

My bedtime reading at the moment is Stephen Bown, The Company: the Rise and Fall of the Hudson’s Bay Empire. Bown recounts how the Hudson’s Bay Company contributed to the founding of what is now Canada. Originally a trading company based out of London (England), from where it spread its tentacles all over the northern […] Read more

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Canadian Labour Law after Vavilov

I have posted “Canadian Labour Law after Vavilov” to SSRN. It will be published in 2021 in the Canadian Journal of Labour and Employment Law: Canada’s doctrine of deference to administrative decision-makers was built on foundations provided by labour relations arbitrators and tribunals. With Vavilov, however, those foundations have shifted. In the formative years of […] Read more