Deference and Defence

Mindful of the threat of a terrorist attack during the Olympics, the British authorities have developed an Air Security Plan. One element of the plan is to install missiles on the roof of a residential apartment tower in Leytonstone. Unsurprisingly, the residents were upset. They went, unsuccessfully, to the High Court to judicially review the missile-siting decision.

Aboriginal Rights and Administrative Law

Via Canadian Appeals Monitor, word that the Supreme Court of Canada has granted leave to appeal from the decision of the British Columbia Court of Appeals in Sally Behn v. Moulton Contracting Ltd.

The primary issue here will be whether individual members of a First Nation can rely on a breach of the duty to consult in order to challenge administrative decisions. The individuals in question blocked a road, thereby preventing a company from exercising logging and road use rights that it had been granted.