Scent off a Woman

More background on the case here:

www.administrativelawmatters.com/blog/2024/10...

The case involves a judicial review to a decision of the Ethics Commissioner and in particular (a) whether political oversight is an adequate alternative remedy to judicial review and (b) whether a partial privative clause (and, by extension, a full privative clause) is constitutionally permissible.

Delighted that the Supreme Court of Canada granted leave to appeal in Democracy Watch this morning.

decisions.scc-csc.ca/scc-csc/news...

I am looking forward to representing Democracy Watch on the appeal along with Sujit Choudhry!

Will they be fillable?

Some thoughts here on whether the Commission’s decision is legally defensible. It certainly considered the effect on Charter rights but perhaps could and should have said more:

www.administrativelawmatters.com/blog/2025/04...

An interesting day at the office beckons for the Federal Court duty judge…

This is all undoubtedly true but the Americans also rely on doctrines like mootness and prematurity much more than courts in (eg) England, Australia, Canada. They also have a surprising amount of technicalities and unresolved questions about federal court jurisdiction. Many traps for the unwary.

I appreciate there are legitimate concerns in the US about forum shopping and the availability of different types of remedy against executive action, but if so those concerns should be addressed head on, rather than have the apex court resolve big questions on the fly

I can only think of one Canadian example, where the SCC granted a stay of the destruction of data after an appellate court implausibly refused the stay. Otherwise it’s full briefing and oral argument.

Is there any other jurisdiction where issues like this are decided in a matter of days without oral argument on the so-called shadow docket?

Even if the Trump administration has respectable arguments in some of these cases, the process is surely ill-suited to the resolution of complex legal issues

My blog output should be back to once or twice a week fairly soon — it always takes a hit around February, March and April due to teaching (and the Champions League…)

Against the backdrop of a tariff war with the US, Canadian courts have been asked to consider whether proroguing Parliament at such a critical period was lawful.

In my view, the courts will not intervene on this occasion, grave and all as it is:

www.administrativelawmatters.com/blog/2025/02...

Looking forward to this event this evening!

Here is why I think the legal challenge to the Trudeau prorogation will fail: www.administrativelawmatters.com/blog/2025/02...

Lots of interesting questions about jurisdiction, justiciability, unwritten constitutional principles and deference.

No “own motion” duty in discretion fettering cases The classic formulation of the non-fettering principle comes from the famous British Oxygen Co case. In the words of Lord Reid, there is a “general rule” that “anyone who has to exercise a statutor…

No “own motion” duty in discretion fettering cases administrativecourtblog.wordpress.com/2025/01/31/n...

Over the course of this week the @ukcla.bsky.social will publish the fantastic contributions to an event I organised in July last year. Below you can find my introduction to the series. I will use this thread to highlight the individual posts. It should be of interest not just to lawyers, but to /1

Excellent overview of the prorogation litigation here!

That’s a possible, maybe likely, outcome (I hope to write up my thoughts on this soon) but this one was just about urgency. We will see about the merits!

Shout out at para 27 to the Centre for Public Law @uocommonlaw.bsky.social which is seeking to intervene!

Prorogation litigation update 🚨

A rare Saturday decision from the Federal Court granting the applicants’ motion to expedite.

February 13-14 are the hearing dates for the challenge to the lawfulness of the Trudeau prorogation.

Impressive speed from Crampton CJ!

cdn.cyberimpact.com/clients/4235...

Are today’s courts bastions of principle in a turbulent world, or staffed by unelected philosopher kings out of touch with the concerns of ordinary citizens?

That’s the theme of this series: I’m looking forward to diving in and hope you can join us.

www.administrativelawmatters.com/blog/2024/08...

On Feb 26th, @tricondublin.bsky.social Director - Prof @aileenkavanagh.bsky.social - will contribute to this hybrid seminar series on ‘The Legitimacy of Judicial Review’ organised by Prof @pauldalyesq.bsky.social @uottawa.bsky.social

Administrative Law Colloquium 2025 Join us at the Administrative Law Colloquium 2025 for engaging discussions and insights on current legal issues!

Happy to say registration for this year’s online Administrative Law & Governance Colloquium on “Justifying Judicial Review” is now open.

Featuring: Jason Allen, Paolo Sandro, Roberto Gargarella, Aileen Kavanagh, Rosalind Dixon and Cora Chan.

Sign up below!

www.eventbrite.ca/e/administra...

This year’s Administrative Law & Governance Colloquium is not to be missed ⬇️

Are today’s courts bastions of principle in a turbulent world, or staffed by unelected philosopher kings out of touch with the concerns of ordinary citizens?

That’s the theme of this series: I’m looking forward to diving in and hope you can join us.

www.administrativelawmatters.com/blog/2024/08...

@paolosandro.bsky.social @aileenkavanagh.bsky.social

Administrative Law Colloquium 2025 Join us at the Administrative Law Colloquium 2025 for engaging discussions and insights on current legal issues!

Happy to say registration for this year’s online Administrative Law & Governance Colloquium on “Justifying Judicial Review” is now open.

Featuring: Jason Allen, Paolo Sandro, Roberto Gargarella, Aileen Kavanagh, Rosalind Dixon and Cora Chan.

Sign up below!

www.eventbrite.ca/e/administra...

Quote from our published article by author Vanessa MacDonnell: “In my view, this is a case where the principles of parliamentary sovereignty and parliamentary accountability are best enforced politically.”

After Justin Trudeau's announcement that 🇨🇦 Parliament would be prorogued until March 24, a judicial review application was filed challenging the prorogation.

VANESSA MACDONNELL (vanessamacdonnell.bsky.social) on what we know about the legal challenge so far.

verfassungsblog.de/canada-proro...

Such a great character — “Look at the doors Richard, they open like this!”

🎉 We’re excited to celebrate the achievements of our faculty members who were honoured in the #2024Clawbies the Canadian Law Blog Awards recognizing the best online Canadian legal content from the past year. 👏

Learn more: bit.ly/4hbOflf
@jcyliew.bsky.social @pauldalyesq.bsky.social