Category: Administrative Law

A Prelude to the Standard of Review Reckoning: Quebec (Commission des norms, de l’équité, de la santé et de la sécurité du travail) v Caron

Introduction In December 2018, the Supreme Court of Canada [“SCC” or the “Court”] will hear a trio of appeals that will revisit the current standard of judicial review for administrative...

Canada Summer Jobs: Attestation Sparks Debate Over Government Overreach

In December 2017, the Canadian government announced changes to its Canada Summer Jobs (“CSJ”) program that sparked debate over the program’s constitutionality. CSJ is a funding subsidy designed to provide...

Duty to Consult, Honour of the Crown, and Legislatures – An Unclear Way Forward for Indigenous Communities in Mikisew Cree First Nation v Canada (Governor General in Council)

The recent decision Mikisew Cree First Nation v Canada (Governor General in Council), 2018 SCC 40 divided the Supreme Court of Canada (“SCC”), resulting in an unclear way forward for Indigenous communities...

Highwood Congregation v Wall: Decisions About the World’s Greatest Hockey Player are Not Subject to Judicial Review

Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v Wall, 2018 SCC 26 [Wall, 2018 SCC], examined which kinds of decision-making bodies are subject to judicial review for procedural fairness. A recent...