Baker
Reasons and Reasonableness in Administrative Law
In describing the deferential standard of review of reasonableness in Dunsmuir v. New Brunswick, the Supreme Court of Canada was very eloquent. Where a standard of review of correctness is appropriate, the reviewing court substitutes its judgment for that of the initial decision-maker. But where deference is owed, A court conducting a review for reasonableness […] Read more
The Rights of Corporations in Administrative Law
An ever-present issue in debates over constitutional law doctrine in the United States is whether corporations should be capable of enjoying constitutional rights. Concern about the equation of natural and legal persons is not unique to American jurists, however. A federal court judge in Canada has stated in strong terms that corporations are not entitled […] Read more