Administrative Law Matters
Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.
From Blogger
When Reasonable Minds Differ
Some philosophical reflections, courtesy of Justice Martineau: [92] The legal explanation for allowing two [differing] interpretations of the law, if reasonable, to stand is simply that courts must respect the legislator’s intention that such types of administrative decisions, which are protected by a privative clause, be not reviewed unless the tribunal has […] Read more
From Blogger
A Slightly Less Cold House for Foreign Investors
One of the components of the Federal Government’s omnibus budget bill, the Jobs, Growth and Long-term Prosperity Act, involves amendments to the Investment Canada Act. In certain circumstances, take-overs by foreign persons of Canadian corporations must be reviewed by the Minister for Industry and, if the Minister concludes that the proposed investment is not of […] Read more
From Blogger
Why Give Reasons for Decisions?
From the Nova Scotia Court of Appeal comes a useful overview of the requirement to give reasons: [17] In a series of cases, the Supreme Court of Canada has recognized the importance of reasons in various settings: e.g., Baker v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 699 (SCC), [1999] 2 S.C.R. […] Read more