HomeTag Archives: legislative supremacy

Tag Archives: legislative supremacy

Protecting Rights: A Common Responsibility

“Are great public problems best addressed through institutions designed to apply the explicit technical knowledge of experts or by those designed to channel the implicit social knowledge of the community?”[1] Since the enactment of the Charter of Rights and Freedoms, Canada has experienced a remarkable shift from the latter forum to the former—namely, from legislature to courtroom.[2] Not only has ...

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Why ARL Opposes a Duty to Consult in the Legislative Process

On January 15, 2018, lawyers for Advocates for the Rule of Law (“ARL”) will be appearing before the Supreme Court of Canada to make submissions in a case that will consider whether there is a justiciable duty to consult potentially affected Aboriginal groups in the legislative process.  This is the first Supreme Court of Canada case that ARL has intervened ...

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Getting Back to the Basics of Judicial Review

One could scarcely find an area of law so muddied as administrative law. In a recent blog post on Double Aspect,  Leonid Sirota argues (omitting some far more colourful language) that our courts continue to struggle with reconciling the basic concepts of parliamentary supremacy and the rule of law, which are said to be in conflict with one another. The ...

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ARL’s Intervention Materials

Advocates for the Rule of Law has received a number of requests to post the materials filed with the Court seeking status as an intervener. For those interested, we are happy to oblige. ARL’s Affidavit can be viewed here: The Affidavit of Justin W. Anisman ARL’s Factum can be viewed here: Factum of the Intervener ARL

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Not Just A Pillowfight: How the SCC Has Muddied the Standard of Review

Recently, Justice David Stratas of the Federal Court of Appeal released an extremely helpful summary of almost every aspect of administrative law in Canada. Administrative law students, practitioners, and academics would be well-served to carefully read the document. But Justice Stratas’ piece is far from merely descriptive—in it, he provides a number of recommendations for a return to sound and ...

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Judge Gorsuch’s Consequential Views on Administrative Law

Many of Donald Trump’s actions during his first weeks as President have understandably unsettled much of the world. However, there are already hopeful signs that they will be resisted by some combination of public protest, the courts, and/or, at the very least, his successor. So the recent nomination of 49-year old Court of Appeals Judge Neil Gorsuch to the United ...

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