Questions continue to abound about the standard of review of administrative action in Canada. For something apparently simplified in Dunsmuir v. New Brunswick and subsequent cases, it provokes a great many questions. The key question now, in light of the “triumph” of reasonableness, is the scope and meaning of reasonableness review. To what does the […] Read more

Readers may be interested in “The Scope and Meaning of Reasonableness Review“, a new article of mine on judicial review of administrative action which will appear shortly in the Alberta Law Review. (Apologies to RSS and email subscribers who have already received the notification: I hope to fix the ‘double post’ issue shortly.) It is […] Read more

I have posted previously about the Irish courts’ preference for a narrow approach to judicial review of administrative action. Another recent example is Walsh v. Revington, [2013] IEHC 408. This time, the judgment is useful as a means of throwing into contrast formal and deferential approaches to judicial review. A Canadian court, I suspect, would […] Read more

Canadian courts have recently begun to recognize a “duty to consult” Aboriginal peoples in respect of government decisions that may affect their rights. Precisely when this duty is triggered, and against which organs of government, is an important question. In Hupacasath First Nation v. Canada (Foreign Affairs), 2013 FC 900, the claim was that the […] Read more