(This is the fourth in a series of posts. Read the first, second and third. The draft can be downloaded in its entirety here.) Language can be useful in reminding judges of the limits of the judicial role. As any student of administrative law comes quickly to understand, where a power has been assigned by […] Read more

I attended the excellent inaugural Public Law Conference in 2014 at the University of Cambridge. The second in the series has now been announced. It will be held from September 12 to 14 (Monday to Wednesday), 2016, again at the University of Cambridge. Here is the call for papers: The theme for the 2016 Conference […] Read more

I am a little late to Trinity Western University v The Law Society of Upper Canada, 2015 ONSC 4250, the second in what is likely to become a lengthy string of judicial decisions on whether TWU’s law school should be accredited by Canada’s law societies. The first decision, favourable to TWU, came from Nova Scotia […] Read more

Where I come from we sometimes joke that rugby is a game played by gentlemen with odd-shaped balls. The same is true of the human demolition derby — American football — so popular in my current location. And even those of us who tune in to the Superbowl only for the ads know that star […] Read more

(This is the third in a series of posts. Read the first and second. The draft can be downloaded in its entirety here.) Sometimes, in order to take the necessary much closer look, it is necessary to carefully peel off the labels applied to particular ‘forms’ of administrative decision-making. These labels are conclusory, functioning as […] Read more

Now that all the fuss about his past life as a blogger has died down, it is safe to venture a few comments about Justice Russell Brown’s appointment to the Supreme Court. He replaces Rothstein J., who retires today, leaving a very large gap in the Court’s administrative law and economic regulation expertise. Brown J. […] Read more

(For the first post in this series, see here). The draft can be downloaded in its entirety here. Perhaps the most attractive – though also the most facile – endeavour for those who think deeply about administrative law is to formulate a general principle that unifies disparate strands of case-law. This then functions as a […] Read more

Readers may be interested in Cheryl Saunders, “The Concept of the Crown“: This article deals with the weight that is borne by the concept of the Crown in the public law of common law jurisdictions in the absence of a developed theory of the state. I argue that the concept of the Crown has evolved […] Read more

In late October, I will be presenting a paper at a conference organized by the Canadian Bar Association in honour of former Supreme Court of Canada Justice Louis LeBel. I have spent the last couple of weeks working on a draft and will share it with readers in a series of posts. In this post, […] Read more

I posted about the first-instance decision in Canadian Arab Federation v. Canada (Citizenship and Immigration), 2015 FCA 168 a while ago. Here, the Minister refused to enter into a new agreement with the Federation because of what he perceived as anti-semitic comments by one of its representatives. My particular interest is in the procedural fairness […] Read more