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Vavilov Hits the Road

As regular readers will know, I have been maintaining a standing entry on the pan-Canadian rollout of the Vavilov framework for judicial review of administrative action. An official version of “Vavilov Hits the Road” appeared as a supplement to Colleen Flood and Lorne Sossin eds., Administrative Law in Context (3rd ed., 2018): download it here. […] Read more

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Judicial Review, Judicial Independence and Cabinet Confidentiality: British Columbia (Attorney General) v Provincial Court Judges’ Assocation of British Columbia, 2020 SCC 20

Last week’s Supreme Court of Canada decision in British Columbia (Attorney General) v. Provincial Court Judges’ Association of British Columbia, 2020 SCC 20 is most important for what it says about some relatively niche issues of Canadian public law but it also touches on broader matters, such as the relationship between procedure and substance in […] Read more

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Vavilov for Administrative Tribunals

Since the Supreme Court of Canada’s decision in Vavilov, I have given a number of presentations to administrative tribunal members on the implications of the revised understanding of reasonableness review. Here is the heart of the presentation, focusing on four key post-Vavilov issues In Vavilov, the majority identifies “two types of fundamental flaws…that may show […] Read more

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Explaining the Growth of Judicial Review

Over at the United Kingdom Constitutional Law Association blog, I have written a post about my forthcoming article on the “Culture of Justification” in administrative law, penned in response to a recent post by Professor Jason Varuhas. As he observes, the procedural and substantive law of judicial review has changed greatly in recent decades, a […] Read more