Information About Administrative Law Matters

To mark the National Day of Truth and Reconciliation, I thought I might highlight Grammond J’s fascinating decision in Bastien v. Jackson, 2022 FC 591, which prompts questions about the relationship between the principles of administrative law and the sovereignty of Indigenous peoples. B and J were … Read more »

After a hiatus of nearly four years, the Supreme Court of Canada yesterday applied the reasonableness standard for the first time since Vavilov and the companion case of Canada Post. The decision in Mason v. Canada (Citizenship and Immigration), 2023 SCC 21 (Jamal J for the majority; Côté J concurri … Read more »

In a previous post, I addressed the relationship between the notwithstanding clause and administrative law. Here I address a number of other relevant issues: the role of Charter values; the principles of judicial review of administrative action; and the relationship between legislation passed notwit … Read more »

The ‘notwithstanding’ clause of the Constitution of Canada (contained in s. 33 of the Constitution Act, 1982) provides as follows:  33 (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision … Read more »

I recently highlighted Professor Andrew Green’s paper on the effect — or not! — of Supreme Court of Canada decisions in administrative law. I am happier to report that a new paper published in Canadian Public Administration by David Said comes to the conclusion that the Court’s decisions can be sign … Read more »