A troubling controversy is emerging about the decision of a couple of federal adjudicative tribunals, those charged with social security and refugee appeals, to refuse to publish all of their decisions. Those who regularly represent clients in these appeals are complaining. There is no general rule even that all judicial decisions be published. In courts […] Read more

As a general rule, governments cannot and should not be required to fund speech or activities with which they do not agree. An organization committed to perpetuating inequalities between men and women, or which decries homosexuality as sinful, can lawfully be shunned. But should such an organization, especially one which previously received government funding, be […] Read more

In Canada, a global reasonableness test is supposed to be applied in the review of administrative decisions, even where the allegation is that the decision-maker abused its discretion. The Supreme Court said as much in 2003 (see paras. 22-25). But some of the traditional grounds of review for abuse of discretion fit uneasily under the […] Read more

Much ink has been spilled over the Conseil d’État’s decision yesterday to maintain a ban on a performance by comedian Dieudonné M’Bala M’Bala. M’Bala M’Bala is said to be anti-semitic and is highly controversial. Concerned about public safety, a municipal official in Nantes issued an order banning M’Bala’s planned a performance last night. On an […] Read more

This is the draft title of a book chapter I have prepared for a forthcoming collection on substantive review. I have a draft of the chapter which I am happy to circulate to those who are interested in commenting on it. Feel free to email me: paul dot daly at umontreal dot ca. Here is […] Read more

Having worked at the tribunal coalface for many years, Ron Ellis is very well placed to comment on the independence of Canada’s administrative tribunals. In Unjust by Design, he eviscerates the current system and draws out a road map for reform. The book is fascinating and well worth reading in full. I will limit myself […] Read more

When I was on the job talk circuit a couple of years ago, an eminent professor confessed that s/he had only half paid attention to my presentation, noting that s/he had stopped paying attention to Canadian administrative law about 20 years ago and was satisfied that s/he had missed nothing: “Obviously you are having the […] Read more

I have posted before about the standard of review where an administrative decision-maker reviews another decision-maker: see especially here and also here and here. There are two important matters, in my view. First, the appellate administrative decision-maker is not limited to a choice between a full de novo hearing and a judicial-review type proceeding: there […] Read more

At last! From the Quebec Court of Appeal, a plausible contender for a general question of law of central importance to the legal system (which, in Canada, is a type of question reserved for the courts and not administrative decision-makers). In Association des pompiers professionnels de Québec inc. c. Québec (Ville de), 2013 QCCA 208, […] Read more

In a recent American case, Carter v. Welles-Bowen Realty, Inc, the question arose whether the rule that ambiguous penal statutes are to be construed in favour of defendants (the “rule of lenity”) could ‘trump’ the rule that courts are to defer to administrative interpretations of ambiguous statutes (Chevron deference).At issue was a regulatory provision preventing […] Read more