On the evergreen topic of Charter values, I have a new paper on SSRN (forthcoming in a special edition of the Ottawa Law Review on language rights), entitled “The Charter in Administrative Decision-Making: Defending the Duty to Take Charter Values (or Purposes) into Account“: The Supreme Court of Canada recently reaffirmed that administrative decision-makers are […] Read more

In its 2018 decision in Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall, 2018 SCC 26, [2018] 1 SCR 750, the Supreme Court of Canada sought to clarify the approach to the scope of judicial review. Rowe J wrote, for a unanimous court, that “[j]udicial review is only available where there is an exercise […] Read more

It is a long time since I have uploaded a paper to SSRN but there may be quite a few on the way in the near future. Here is “Collaboration at the Intersection of Administrative Law and Political Science“, to appear in an edited collection published by the University of Toronto Press (edited by Emmett […] Read more

In a post earlier this year analyzing the Supreme Court of Canada’s recent administrative law decisions, I noted how it would be “necessary to read the next entries in the standard-of-review catalogue very carefully to see if the Court is sending a signal about the level of intensity of reasonableness review under the Vavilov framework”. […] Read more