Thursday, 12 June 2014

Charter Application by Administrative Tribunals: Statutory Interpretation

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Canadian courts have come to accept that the constitution is not some sort of holy grail that administrative decision-makers should not touc...
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Wednesday, 11 June 2014

A Strange Concurring Opinion by Chief Justice Roberts

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The Supreme Court of the United States released Scialabba v. Cuellar de Osorio this week, an attempt to pick apart the entrails of a poorly...
Friday, 6 June 2014

Prosecutorial Discretion and Assisted Suicide, Again

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Purely coincidentally, the day after Quebec passed its "right to die" legislation , the Supreme Court of Canada released an import...
Thursday, 5 June 2014

Norms, Facts and Metaphors: the Fabulous Baker Factors and other Tall Administrative Law Tales

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When judges strike down administrative decisions, they take a step that must be justifiable and justified in normative terms. I suppose we a...
Friday, 30 May 2014

A Brief History of (Recent) Time: the Struggle for Deference in Canada

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A major collection on substantive judicial review of administrative action will appear shortly under Hart Publishing's imprint. Edited b...

Presenting Legal Academia 2.0

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Wednesday's symposium on the Nadon Reference was a great success. CPAC 's cameras captured the event so it will be available online ...
Monday, 26 May 2014

"Government" Courts? Challenging the Emergent Narrative that Canada's Federal Courts are Unduly Deferential

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On Friday, the Globe and Mail dropped a large bombshell by revealing that four of the six judges proposed by the federal government to fill ...