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#Paul Daly

10 revers de Stephen Harper à la Cour suprême

New article on Administrative Appeals

Les appels administratifs au Canada (Administrative Appeals in Canada)

Supreme Court of Canada's Gun Registry Decision

Cooperative Federalism Divides the Supreme Court of Canada: Quebec (Attorney General) v. Canada (Attorney General)

A Theory of Deference in Administrative Law. Foundations, Application and Scope

Who Should Decide Procedural Fairness Questions?

The latest contributor to the growing literature on deference and procedural fairness is Adrian Vermeule in Deference and Due Process : In the textbooks, procedural due process is a strictly judicial enterprise; although substantive entitlements are created by legislative and executive action, it is for courts to decide independently what process the Constitution requires. The notion [ ] Read more

Against Balancing and Weighing: Strickland v. Canada (Attorney General), 2015 SCC 37

For some time, I have wanted to write about the prevalent tendency to describe the judicial method in public law cases as one of weighing or balancing competing interests. It seems to me that reference to weight and balance captures only a part of the judicial task in complex cases. In fact, there is a [ ] Read more

Must the Show Go On? Budlakoti v. Canada (Citizenship and Immigration), 2015 FCA 139

In several recent decisions, the Federal Court of Appeal has set out a general framework for conducting judicial reviews of administrative action. Budlakoti v. Canada (Citizenship and Immigration), 2015 FCA 139 is an example. Stratas J.A. noted that there are three distinct analytical steps in any judicial review: (1)               Preliminary objections. [ ] Read more

It s a Dog s Life: Isbester v. Knox City Council, [2015] HCA 20