As I have observed before, (with apologies to Kenneth Shepsle) administrative agencies are a “they”, not an “it”. Further evidence comes from West Whitby Landowners Group Inc. v. Elexicon Energy Inc., 2025 ONCA 821. Over the objection of the Ontario Energy Board, the Ontario Court of Appeal held that Board staff members could make binding […] Read more

In Canadian law, the protections of the Charter of Rights and Freedoms apply with relatively little force in areas of economic regulation. The following passage from R. v. Wholesale Travel Group Inc., [1991] 3 SCR 154 is representative of the courts’ concern that giving too expansive a scope to the Charter might be socially damaging: Regulatory legislation […] Read more

I was in Dublin last week for the launch of the Law Reform Commission of Ireland’s recent Consultation Paper on Non-Court Adjudicative Bodies (see here). You can view the event here, chaired by Justice Bolger and featuring remarks from me, Frank Clarke and Richard Barrett: Read more

Last month, the Federal Court of Appeal handed down an important judgment in Canada (Attorney General) v. Canadian Civil Liberties Association, 2026 FCA 6. The Court of Appeal unanimously agreed with the Federal Court that the federal government’s invocation of the Emergencies Act during the so-called ‘Freedom Convoy’ protests in Ottawa in 2022 was unlawful. Common […] Read more