An invaluable free resource on Canadian administrative law has just been updated (as it is every six months or so), Stratas JA’s “The Canadian Law of Judicial Review: Some Doctrine and Cases“: It is hard to find a useful, up-to-date summary of the Canadian law of judicial review. This summary attempts in a scholarly way […] Read more

Windsor Law, in association with Tribunal Watch Ontario, is holding two free webinars on tribunal independence. Tribunal Independence and Impartiality kicks off tomorrow, May 25, with another event on June 1. The webinar speakers have contributed short blog posts, which can be accessed here. The jumping-off point is provided by Tribunal Watch’s The Adjudicative Tribunal System: Statement of Principles […] Read more

In my previous post on References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11, I discussed Côté J’s partial dissent on the constitutionality of Henry VIII clauses. There I noted that the argument about the constitutionality of Henry VIII clauses turns in part on the existence of robust judicial oversight. The topic of this […] Read more

Last month, the Supreme Court of Canada issued its decision in the References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11. I am going to post three pieces on the decision: this one, on constitutional limits on delegation in Canada; a second on review of regulations made under the Act, especially Part 2 of […] Read more

Cross-posted from Australian Public Law blog: for the opening post in the series, see here. As Janina Boughey has recently observed, the reforms that followed from the report of the Administrative Review Committee, more commonly known as the Kerr Committee, were sweeping and, at the time, revolutionary. It is now nearly 50 years since the […] Read more

In New Brunswick – Canada’s only bilingual province – there is a constitutional challenge to the appointment of a unilingual Lieutenant Governor. The Centre for Public Law held a panel discussion on the case last week. My comments, which relate to the justiciability of prime ministerial advice to the Governor General and the justiciability of […] Read more

I am happy to be cross-posting from the Australian Public Law blog a series of posts celebrating the 50th anniversary of the Kerr Report, a landmark report in Australian administrative law and one which forms part of a Commonwealth-wide wave of administrative law reform. The first post is by Dr Janina Boughey (University of New […] Read more

The last speaker in this year’s Administrative Law & Governance Colloquium is Professor Jennifer Nou (University of Chicago). We will be live on Zoom on Tuesday March 23 at 11.30 EST. Professor Nou will be speaking about her well-known article “Civil Servant Disobedience“: Bureaucratic resistance is a historically unexceptional feature of the administrative state. What […] Read more

The UK’s Independent Review of Administrative Law was completed earlier this year. The Faulks Report was published today. Although the UK government may try to suggest otherwise, the headline is that the Panel does not think significant reforms of judicial review are appropriate. Chapter 1 addresses the possibility of codifying administrative law. (You can see […] Read more