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Regulating Google: Defending the Broadcasting and Telecommunications Legislative Review Panel’s Report
Paul Daly February 5, 2020
What are the social media behemoths — Facebook, Google, Netflix, Twitter, Youtube, etc — that have come to dominate much of the contemporary public sphere? Answering this question is crucial to determining what role courts, economic regulators and legislatures should play in respect of the behemoths’ activities. Are they utilities, traditionally subject to regulation, in […] Read more
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Legislative Drafting Webinar | Vavilov: Impact on Legislative Drafting
Paul Daly February 4, 2020
Here’s the blurb for next week’s CIAJ webinars on Vavilov (English on Wednesday; French on Thursday): In Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, the Supreme Court of Canada developed a new framework for judicial review of administrative action, focusing on two issues: selecting the standard of review and applying the […] Read more
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Vavilov Hits the Road (Updated August 20) (Pinned to the Top of the Blog)
Paul Daly February 4, 2020
See now “One Year of Vavilov“ Courts around Canada are beginning to apply the Vavilov framework. It is still (just about) too early to draw any firm conclusions. Nonetheless, even at this early stage in the life of Vavilovian judicial review there have been some interesting decisions. I have cbeen coming back to this post […] Read more
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Some Upcoming Vavilov Events
Paul Daly February 3, 2020
My calendar is starting to fill up with Vavilov-related events. Here’s a list of those accessible to the public (typically for a fee). I’ll add further links (and further events) as I have them: February 6 Canadian Bar Association, Webinar (with Professor Jamie Liew and Justice David Stratas) February 19 and 20 Canadian Institute for […] Read more
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New Paper: The Vavilov Framework and the Future of Canadian Administrative Law
Paul Daly January 16, 2020
I have posted “The Vavilov Framework and the Future of Canadian Administrative Law” to SSRN: This paper is the first comprehensive analysis of the Supreme Court of Canada’s decision in Vavilov v. Canada (Citizenship and Immigration), 2019 SCC 65. Here, the Supreme Court rewrote its administrative law jurisprudence, aiming to bring clarity and coherence to […] Read more
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Human Rights in Administrative Decision-making IV: An Informal, Good Faith Approach
Paul Daly January 15, 2020
This is the fourth and final post in a series: see the previous posts here, here and here. Having explained in the previous section how front-line administrative officials should not exercise the discretion and judgement they inevitably exercise, I turn in this section to how they should do so. My answer has two prongs. First, […] Read more
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uOttawa Panel on Vavilov, January 29,11.30 to 1 (with free lunch!)
Paul Daly January 15, 2020
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Roadtesting the Vavilov Framework: Bell Canada v. Canada (Attorney General), 2019 SCC 66 and Canada Post Corp. v. Canadian Union of Postal Workers, 2019 SCC 67
Paul Daly January 13, 2020
Readers who enjoyed my posts on the framework for judicial review of administrative action set out by the Supreme Court of Canada in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 will also enjoy Justice David Stratas’s updated paper, “The Canadian Law of Judicial Review: Some Doctrine and Cases“, which now takes […] Read more
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Administrative Law in Ireland, 5th edition
Paul Daly January 7, 2020
The fifth edition of Administrative Law in Ireland (Round Hall, Dublin, 2019) rolled off the printing presses and into mailbags just before the holidays. Here is the publisher’s blurb: For over 30 years, Hogan and Morgan has been the leading work on administrative law and judicial review in Ireland.This new edition of Administrative Law in […] Read more
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Human Rights in Administrative Decision-making III: Exercising Discretion and Judgement
Paul Daly December 31, 2019
This is the third post in a series. The first two can be found here and here. Given the inevitability of administrative discretion and judgement, how ought it be exercised? I argue in this section that it would be unrealistic and inappropriate for front-line officials to be expected to reason as lawyers would. It would […] Read more