Life After Vavilov? The Supreme Court of Canada and Administrative Law in 2021

I have posted “Life After Vavilov? The Supreme Court of Canada and Administrative Law in 2021” to SSRN. I will be presenting this next week at the CLEBC Administrative Law Conference:

In this paper, I review the Supreme Court of Canada’s 2021 administrative law jurisprudence. I discuss the appellate standard of review; the Supreme Court’s teachings on s. 96 of the Constitution Act, 1867; the public/private divide established by the Supreme Court’s recent jurisprudence (and how to dismantle it); and the administrative law implications of the carbon tax references.

Download it here.

This paper is mostly based on blog posts over the last year but there is some additional material linking everything together, especially s. 96 and the public/private divide. I have also included brief discussion of the Access Copyright decision from this summer and also the recent decision in Ward.

This content has been updated on November 12, 2021 at 18:20.