Administrative law | Page 2
Future Issues in Judicial Review
Justiciability of the Prerogative: Hupacasath First Nation v. Canada (Attorney General), 2015 FCA 4
The Federal Court of Appeal decision in Hupacasath First Nation v. Canada (Attorney General), 2015 FCA 4 on justiciability of international treaties, the prerogative in respect of foreign affairs, the duty to consult First Nations and the jurisdiction of the federal courts is hugely significant (first-instance decision noted here). At issue was a foreign investment promotion […] Read more
Considering Charter Values: Iacovelli v. College of Nurses of Ontario, 2014 ONSC 7267
As is well-known, the Supreme Court of Canada stated in Doré v. Barreau du Québec, [2012] 1 SCR 395 that administrative decision-makers must consider Charter values in the exercise of discretionary powers. However, this duty has recently been cast in very limited terms by a strong bench of Ontario’s Divisional Court in Iacovelli v. College […] Read more
Thema – Contrôle Judiciaire
Fondements du contrôle judiciaire Me Ian Demers et Me Dominique Guimond • Assises constitutionnelles du pouvoir de surveillance et de contrôle des cours supérieures • Compétence d’exception de la Cour fédérale et de la Cour d’appel fédérale • Cas particulier de l’habeas corpus Normes de contrôle judiciaire Prof. Suzanne Comtois • Grandes étapes de l’évolution […] Read more
The Struggle for Deference in Canada
In the common law tradition, courts are at the apex of the interpretive hierarchy. Traditionally, their role has been to answer legal questions authoritatively. A deferential approach to judicial review requires judges, however, to be satisfied by an answer that is merely reasonable, even on questions of law. This requires common law judges to pull […] Read more
Reasoned Decisions: Attacking and Defending the Record on Judicial Review
The Law of Unintended (Standard of Review) Consequences: Kanthasamy v. Canada (Citizenship and Immigration), 2014 FCA 113
My post on Febles v. Canada (Citizenship and Immigration), 2014 SCC 68 has attracted many comments. Some readers are sympathetic to the Supreme Court of Canada. And, indeed, one may wonder what the practical effect is of standard-of-review discussions that sometimes border on the metaphysical. Should the Supreme Court of Canada not focus on resolving […] Read more
Is Deference on Procedural Fairness now the Law in the Federal Courts?
It seems to be, post-Forest Ethics Advocacy Association v. National Energy Board, 2014 FCA 245. First, the facts. The Board conditionally approved a major pipeline project to be completed by Enbridge. There are various challenges to the decision pending before the courts. This challenge concerned a number of matters that could fairly be described as […] Read more
Pluralisme, déférence et les appels administratifs
Oral Hearings, Credibility and Legitimate Expectations: WZARH v Minister for Immigration and Border Protection [2014] FCAFC 137
Matthew Groves passes on a very interesting decision from the Full Court of the Federal Court of Australia: WZARH v Minister for Immigration and Border Protection [2014] FCAFC 137. The issue was simple. A refugee claimant went for an interview with an Independent Merits Reviewer whose task was to reassess a refusal to classify him […] Read more