Advocates for the Rule of Law

In my last post on this blog, I commented and mostly praised two recent blog posts at Double Aspect by Mark Mancini from earlier this month calling for less deference to administrators in judicial review, unless a statute explicitly calls for such deference. But after I began drafting my response, a new development arose that now calls for a brief ...

Earlier this month, Mark Mancini wrote two very thoughtful blog posts on the Double Aspect blog, attempting to bring administrative law back to first principles. These intriguing posts are worthy of commentary. I will respond to Mancini’s two posts today, and follow up next week with an addendum in light of the Supreme Court of Canada’s recent decision in Canada ...

If there is one aspect of Canadian administrative law that is relatively understudied, it is the constitutionality (or, less ambitiously, the desirability) of the delegation of legislative power from Parliament to the Cabinet and administrative actors. The recent Saskatchewan Carbon Tax Reference puts into stark relief the underdeveloped nature of the law in this area, and the stakes underlying the ...