Given the recent discussion of the constraints law places — or doesn’t place — on administration, I think Executive Order — Improving Critical Infrastructure Cybersecurity is noteworthy. Even though President Obama is not under any duty to follow the strictures of the Administrative Procedure Act in issuing executive orders, the hallmarks of administrative law can […] Read more

In Barreau du Québec c. Khan, 2011 QCCA 792, the Québec Court of Appeal held that a student who failed a bar exam was entitled to look over her exam, answer booklet, answer key and correction grid and to take notes while doing so. With its decision in Ordre des infirmières et infirmiers du Québec […] Read more

The Supreme Court of Canada decided two interesting terrorism cases last Friday. R. v. Khawaja, 2012 SCC 69 has been grabbing most of the headlines because the Court upheld (though narrowly defined) anti-terrorism offences enacted shortly after 9/11. There were constitutional issues in the companion case of Sriskandarajah v. United States of America, 2012 SCC […] Read more

In his judgment in Meadows v. Minister for Justice, [2010] IESC 3, Murray C.J. suggested that a general right to reasons for administrative decisions should be recognized in Irish law. In its decision last week in Mallak v. Minister for Justice, [2012] IESC 59, the Irish Supreme Court did not quite go that far, but […] Read more

The long title explains the result in Conseil des montagnais de Natashquan c. Malec, 2012 CF 1392, a case about alleged discrimination against Aboriginal educators.An initial decision unfavourable to the applicant was made, but quashed on judicial review. It was sent back to the Canadian Human Rights Tribunal for re-decision. The President sent it back […] Read more

Term has happily come to an end up in now-icy Montréal, so I am catching up on all of the reading I missed in the last few hectic weeks. One paper I read some time ago but neglected to blog about is Privatization’s Progeny by Jon Michaels. A half-thought that occurred to me at the […] Read more

Plenty of cyberink has already been spilled on the removal from office yesterday of Toronto mayor, Rob Ford. Hackland J.’s decision has aroused surprise, support, calls for reform of Ontario’s Municipal Conflict of Interest Act, and, worst of all, bad sporting metaphors. While Hackland J.’s conclusions and interpretive approach are perfectly respectable, I do not […] Read more

There is much to say about Samatar c. Canada (Procureur général), 2012 CF 1263, a case involving an apparent jurisdictional error, a flagrant breach of procedural fairness, and over-zealous advocacy on the part of an arm of the state.Martineau J. did not mince his words. In justifying the award of solicitor-and-client costs to the applicants, […] Read more

If honours were given for services to administrative law, Lord Black would be a strong candidate. His lawsuit against Prime Minister Jean Chrétien gave rise to an important decision on justiciability, Black v. Canada (Prime Minister), 54 OR (3d) 215. His more recent attempt to maintain his membership of the Order of Canada has prompted […] 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