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.

Administrative Policies Must be Reasonable

Administrative agencies are generally entitled to develop policies. Doing so assists agencies in discharging their statutory mandates in a coherent and consistent manner. Those who come into contact with agencies also benefit: it ought to be easier to predict the application of a general rule than the exercise of discretion.

From the Court of Appeal of Saskatchewan comes a reminder that the power to develop policies is not unlimited. In particular, policies must be consistent with the statutory provisions they purport to implement.