Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.
I have posted a new paper on SSRN, entitled “On Time and Space: Proximity in the Law of Bias“. I’ll be posting select extracts over the next while. Here is the abstract: In this piece I address the common law of bias in administrative law and offer a proposal designed to enhance analytical clarity: Lawyers […] Read more
In its decision in Auer v. Auer, 2024 SCC 36, the Supreme Court of Canada set out a framework for judicial review of regulations. Put very simply, the reasonableness standard developed in Vavilov applies just as much to regulations (and other forms of administrative action that are general in nature) as it does to individualized decisions. […] Read more
I am very pleased to say that “Candour in Judicial Review Proceedings in Canada” will appear in the Canadian Bar Review later this year (or early next year). I have posted a preprint to SSRN: To date, Canada knows no ‘duty of candour’ in judicial review proceedings. Such a duty, requiring individuals and government alike to […] Read more
Blogging has been slow recently but I expect to regain a head of steam in the next few weeks. There are a few issues bubbling away under the surface. One relates to the thorny question of the standard of review of administrative decisions that allegedly infringe upon the Charter. As we know, an administrative decision […] Read more
Just a reminder that the last two presentations in this year’s Administrative Law & Governance Colloquium will take place this week and next. On Wednesday, March 19 at 4pm, Professor Rosalind Dixon will be discussing her book Responsive Judicial Review: Democratic dysfunction can arise in both ‘at risk’ and well-functioning constitutional systems. It can threaten […] Read more
With a new Prime Minister set to take office on Monday morning once the Liberal Party of Canada has determined who should succeed Justin Trudeau as its leader, it is quite possible that a general election will be called early next week or that Parliament will be recalled forthwith. Accordingly, the lawfulness of the Trudeau […] Read more
The Canadian debate about the relationship between statutory rights of appeal and applications for judicial review continues to rumble on. In Best Buy Canada Ltd. v. Canada (Border Services Agency), 2025 FCA 45, Stratas JA for a unanimous Court of Appeal dismissed an appeal and judicial review application that “adopts the submissions made in the […] Read more
It is early in 2025 but already we have a contender for the most significant public law decision of the year. In Kebaowek First Nation v. Canadian Nuclear Laboratories, 2025 FC 319, Blackhawk J held that, in principle, the United Nations Declaration on the Rights of Indigenous Peoples (incorporated into domestic law by the United […] Read more
Next up in in this year’s Administrative Law & Governance Colloquium is Professor Aileen Kavanagh (Wednesday, February 26, 11.30 Ottawa time). She will be discussing her wonderful book The Collaborative Constitution: In this book, Aileen Kavanagh offers a fresh account of how we should protect rights in a democracy. Departing from leading theoretical accounts which […] Read more
On the other side of the border, President Trump is reshaping federal public administration at breakneck speed, asserting control over so-called independent agencies, firing swathes of civil servants and defunding bodies created by statute. Presidents from both parties have expanded executive power in recent decades but the speed and scale of the current changes are […] Read more