Administrative Law Matters
Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.
Comments
L’ordre et le rêve – Le contrôle judiciaire après Dunsmuir (Hon. Louis LeBel)
Louis LeBel était juge à la Cour suprême du Canada de 2000 à 2014. Il est actuellement avocat-conseil au cabinet Langlois à Québec et Montréal depuis mai 2015 et juge en résidence à la Faculté de droit de l’Université Laval. Le texte n’appartient plus à son auteur; ce lieu commun de la critique littéraire s’applique […] Read more
Comments
A Decade of Dunsmuir: Please No More (Hon. David W Stratas)
David Stratas is a judge of the Federal Court of Appeal Introduction The views expressed in this post are the author’s own and are offered for education and discussion purposes only. Dunsmuir is law. Like all Supreme Court decisions, it binds me. Nothing in this article suggests otherwise. If you come to my court and […] Read more
Comments
Dunsmuir – Plus ça change Redux (Lorne Sossin)
Lorne Sossin is the Dean of the Osgoode Hall Law School A few months after the Supreme Court released Dunsmuir v. New Brunswick (2008 SCC 9), a number of administrative law colleagues, led by David Dyzenhaus, convened a symposium at the University of Toronto Faculty of Law to explore its implications. My contribution to that […] Read more
Comments
Dunsmuir: Reasonableness and the Rule of Law (Peter A Gall QC)
Peter A Gall QC is a partner at Gall Legge Grant Zwack LLP in Vancouver In Dunsmuir, the Supreme Court set out to do two things: first, to simplify the standards of judicial review by eliminating the patent unreasonableness standard, and second, to strike a balance between upholding the rule of law – that is, […] Read more
Comments
Locating Dunsmuir’s Meta-structure Within Anglo-Commonwealth Traditions (Dean R Knight)
Dean R Knight is a Senior Lecturer at the School of Law, Victoria University of Wellington Dunsmuir has exhilarated and puzzled Canadian audiences of administrative law for a decade now; and, before Dunsmuir, the enigmatic pragmatic and functional framework excited and frustrated the same audience. But, for an observer from abroad, this is no surprise. […] Read more
Comments
How the Lower Courts are “doing Dunsmuir” (Diana Ginn and William Lahey)
Diana Ginn is a Full Professor at he Schulich School of Law and William Lahey is President of the University of Kings College, and an Associate Professor, on leave, at the Schulich School of Law The implications of Dunsmuir[1] for judicial deference towards administrative decision making were uncertain for at least two reasons. The first […] Read more
Comments
Dunsmuir – Reflections of a Recovering Judge (Hon. John M. Evans)
John M. Evans is Public Law Counsel at Goldblatt Partners LLP, Toronto, and was formerly a judge of the Federal Court and the Federal Court of Appeal The tenth anniversary celebration (if that’s the right word) of Dunsmuir has made me again sort through my thoughts on its significance in the development of administrative law […] Read more
Comments
Through a Glass, Darkly – Teaching Canada’s Administrative Law Standard of Review (Craig Forcese)
Paul Daly February 28, 2018
Craig Forcese is a Full Professor at the Faculty of Law, Common Law Section, at the University of Ottawa The Supreme Court of Canada released its Dunsmuir decision in early March 2008, hours before my administrative law class at the University of Ottawa, Common Law Section, was to embark on study of standard of review […] Read more
Comments
Deference and Legal Frameworks Not Designed By, For or With Us (Naiomi Metallic)
Paul Daly February 27, 2018
Naiomi Metallic holds the Chancellor’s Chair in Aboriginal Law and Policy at the Schulich School of Law and practices aboriginal law with Burchells LLP in Halifax Owing to the work of the Truth and Reconciliation Commission (“TRC”), as well as to some high profile cases in the media of late, there is a growing realization […] Read more
Comments
Dunsmuir and Jurisdiction (Evan Fox-Decent and Alexander Pless)
Paul Daly February 26, 2018
Evan Fox-Decent is a Full Professor at the Faculty of Law, McGill University and Alexander Pless is General Counsel at the Department of Justice (and his views are expressed in a personal capacity) In 1979, two Supreme Court of Canada decisions lay the groundwork for a new era of judicial review. In Nicholson v Haldimand-Norfolk […] Read more