Administrative Law Matters Administrative law
Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.
When Does an Administrative Record Become a Public Document?
Paul Daly October 24, 2014 Administrative law
An interesting question, answered in Edmonton (Police Service) v Alberta (Law Enforcement Review Board), 2014 ABCA 267. A complaint was made against a police officer but dismissed by the Chief of the Edmonton Police Service after an internal review. The complainant appealed to the Board. A report of the internal review was made available for […] Read more
Christopher Walker on What Do Regulatory Drafters Do
Paul Daly October 23, 2014 Administrative law
Regular readers will know that I have no fondness for the idea that the “common objective” of courts and administrative decision-makers is the proper application of the principles of statutory interpretation. In part, my position is that it is unrealistic to expect administrative decision-makers to apply these principles. Some empirical doubt is cast on that […] Read more
Legitimate Expectations and Procedural Fairness: Only a Part of the Analysis?
Paul Daly October 21, 2014 Administrative law
Canadian courts are to take five factors into account in determining the content of procedural fairness in any given case. One of these factors is whether the applicant had any legitimate expectation about the procedure to be followed. I have always found this unusual. Surely once an applicant establishes that a legitimate expectation has been […] Read more
Court Fees, Constitutional Rights and the Common Law
Paul Daly October 3, 2014 Administrative law / Common law history and methods / Constitutional law / Public law theory
In a remarkable decision yesterday, the Supreme Court of Canada struck down British Columbia’s regime of court fees as unconstitutional: Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2014 SCC 59. A litigant was faced with a $3,600 bill for scheduling a 10-day trial. She could not pay the court fees — […] Read more
Investigating Process, Substance and Procedural Fairness
Paul Daly October 2, 2014 Administrative law
Canadian administrative law is different in many ways from that of other Commonwealth jurisdictions, but on one question it (for the most part) clings doggedly to an old mantra: procedural questions are for the courts alone to decide, without any deference to decision-makers. This orthodoxy has recently been challenged as a matter of principle. But […] Read more
Affidavits on Judicial Review: What’s New is Old
Paul Daly September 26, 2014 Administrative law / Common law history and methods
I have been known to complain about courts and administrators supplementing the administrative record after a decision has been made. In a case last year, a Canadian appellate court deferred to an interpretation of law offered in an affidavit. I was reminded at the Public Law Conference that the use of affidavits to bolster the […] Read more
The Unity of Legitimate Expectations?
Paul Daly September 25, 2014 Administrative law / Public law theory
One of the panels at the inaugural Public Law Conference last week (see my previous post) was on legitimate expectations. I was keenly interested, as I have agreed to contribute a chapter to a forthcoming (early 2016) collection on legitimate expectations in the common law world. Cora Hoexter was sympathetic to legitimate expectations as she […] Read more
Presenting Administrative Law Values: a Note on the Inaugural Public Law Conference
Paul Daly September 24, 2014 Administrative law / Public law theory
Last week I presented my paper “Administrative Law: a Values-Based Approach” at the inaugural Public Law Conference at the University of Cambridge. I hope to have a few posts on the conference, focusing on panels that I attended. But I will start with a post on my own paper. By way of general comment, I […] Read more
Considering Reconsiderations and the Procedural Rights of Market Incumbents
Paul Daly September 10, 2014 Administrative law
Here is a technical problem, discussed in Yellow Cab Company Ltd. v. Passenger Transportation Board, 2014 BCCA 329. When a decision-maker reconsiders, or refuses to reconsider a decision, what is the significance of the original decision for a judicial review application? As a general rule:  Where a party has taken advantage of […] Read more
Crowdsourcing Regulation? Anti-Spam Enforcement by the CRTC
Paul Daly September 9, 2014 Administrative law / Public law theory
I posted recently about Canada’s new anti-spam law, mentioning the challenges that the CRTC would face in implementing it. The CRTC has established a complaints mechanism which can be accessed via its website. Have a look here. It is proving popular: more than 1,000 complaints were received in the first week. By the end of […] Read more