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

Blogging has been light recently: teaching, writing and administrative commitments, allied to some technical problems, have been holding me up.One interesting recent case, which I consider a useful launching pad for a consideration of justiciability, is Guergis v. Novak, 2012 ONSC 4579. Ms. Guergis is a former minister in the federal cabinet: you can read […] Read more

The UK Supreme Court decided two very interesting immigration cases the week before last, touching on two very interesting issues.The first issue was whether the royal prerogative in respect of immigration control had been ousted by the Immigration Act, 1971. That Act seems to be expressed in permissive terms. It allows, but does not require, […] Read more

My colleague Daniel Turp led a spirited challenge to the federal government’s decision to withdraw from the Kyoto Protocol. Spirited and all as the challenge was, it failed before the Federal Court.The key plank in the argument was legislation that came into force in 2007, the Kyoto Protocol Implementation Act. As s. 3 of the […] Read more