Showing posts with label Order of Canada. Show all posts
Showing posts with label Order of Canada. Show all posts

Thursday, 1 November 2012

Lord Black's Day at the Advisory Council for the Order of Canada

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 another decision, again dealing with the prerogative powers of the federal government, which is likely to make the next editions of Canadian administrative law textbooks: Black v. Advisory Council for the Order of Canada, 2012 FC 1234

I think Justice de Montigny was broadly correct in his conclusion that Lord Black did not have the right to an oral hearing before the Advisory Council, though not necessarily for the right reasons.