Thursday, 29 November 2012

Failure to Exercise a Discretionary Power

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RM v. Scottish Ministers , [2012] UKSC 58 was a relatively straightforward case for the UK Supreme Court. The applicant/appellant is curren...
Wednesday, 28 November 2012

Interpretations of "Home" Statutes and Deference

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Just a very brief note on a couple of recent first-instance decisions that caught my eye. It has been suggested (para. 22) that the Supreme...
Tuesday, 27 November 2012

The Mayor, Bias, Procedural Fairness, and Democracy

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Plenty of cyberink has already been spilled on the removal from office yesterday of Toronto mayor, Rob Ford. Hackland J.'s decision has...
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Friday, 23 November 2012

Be-BAPE-A-Lula

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One of the more interesting political stories in Québec at the moment involves the new environment minister, Daniel Breton and the Bureau d...

Supreme Court of Canada decision in Kane

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Quick and brutal. The webcast of the hearing in Canada ( Attorney General) v. Kane , 2012 SCC 64 , was barely up on the Supreme Court's...
Thursday, 15 November 2012

Jurisdictional Error, Procedural Fairness and Advocacy by Tribunals

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There is much to say about Samatar c. Canada (Procureur général) , 2012 CF 1263 , a case involving an apparent jurisdictional error, a flagr...
Friday, 9 November 2012

The Federal Court of Appeal on Inadequate Reasons

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The Supreme Court of Canada took the ( in my view ) reasonable step in Newfoundland Nurses , 2011 SCC 62 of separating procedural review fo...