One of the more interesting political stories in Québec at the moment involves the new environment minister, Daniel Breton and the Bureau d’audiences publiques sur l’environnement. On a visit to the BAPE’s offices in October, Breton allegedly told members of the BAPE that he would telephone the chairperson whenever the BAPE made a recommendation he […] Read more

The applicant in Francis v. Canada (Immigration and Citizenship), 2012 FC 1141 was concerned that she had not got a fair shake before the Refugee Protection Division, on the basis of comments made by the decision-maker in previous academic writings. He had suggested that the refugee protection system gave rise to anomalies, and cited the […] Read more

A funny thing happened at the Tribunal Administratif du Québec recently. A hearing was conducted into the suspension of an individual’s driver’s licence by videoconference. One of the administrative judges was present at the hearing; the other joined from a remote location. When the SAAQ — the administrative agency that controls drivers’ licences — sought […] Read more

An interesting decision from the Federal Court of Canada today, the latest installment in a long-running labour relations saga at Canada Post.The Conservative federal government intervened last year to compel Canada Post workers to go back on the job. One component of the back-to-work legislation was that a “final offer” arbitrator would be appointed. Both […] Read more

A basic principle of administrative law is that a decision-maker must approach its decisions with an open mind. Demonstrating that a decision-maker had a “closed mind”, however, is extremely difficult. A decision-maker bent on refusing an application come what may will, if clever enough, keep his or her prejudices to him or herself.Interestingly, the applicant […] Read more