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- Administrative law; Charter jurisdiction of tribunals; psychiatric review tribunals; Charter remedies; Charter section 7; Charter section 24(1); civil commitment; mental health law (1)
- Administrative law; judicial review; deference as respect; Supreme Court of Canada (1)
- Environmental law; (1)
- Public law; administrative law; judicial review; procedural review; fairness; substantive review; reasonableness; proportionality; discretion; analytic frameworks; judicial power; Aboriginal administrative law; duty to consult and accommodate; reasons; legitimate expectations; substantive fairness (1)
- Rule of law; administrative law; deliberative democracy (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Transubstantiation In Canadian Public Law: Processing Substance And Instantiating Process, Mary Liston
Transubstantiation In Canadian Public Law: Processing Substance And Instantiating Process, Mary Liston
All Faculty Publications
Canadian public law blurs process and substance, a result confirming the prevailing view that this dichotomy ought never to be conceived as a simplistic bright-line distinction. Recent developments have created more than just a blurring but, rather, a strong linking or even fusion of the two. This paper probes the implications of these developments in public law. Section two briefly presents the historic and jurisprudential distinctions between process and substance and assesses its current legal import. Here I argue that judicially created analytic frameworks could assist by bringing a process-substance problem to the surface and constraining its potentially pernicious effects. …
Ps V Ontario: Rethinking The Role Of The Charter In Civil Commitment, Isabel Grant, Peter J. Carver
Ps V Ontario: Rethinking The Role Of The Charter In Civil Commitment, Isabel Grant, Peter J. Carver
All Faculty Publications
In PS v Ontario, the Ontario Court of Appeal held that section 7 of the Charter requires that persons who are civilly committed for six months or more must have access to a meaningful review process that has jurisdiction over the conditions of their detention. In this paper, the authors argue that this decision has broad implications for provincial civil commitment regimes across the country. In particular, the fact that the court analogized to the Criminal Code Review Board jurisprudence opens the door to a fuller recognition of the profound deprivation of liberty that is involved in all civil commitments. …
The Promise Of The Rule Of (Environmental) Law: A Reply To Pardy's Unbearable Licence, Jocelyn Stacey
The Promise Of The Rule Of (Environmental) Law: A Reply To Pardy's Unbearable Licence, Jocelyn Stacey
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This short reply clarifies and defends the argument presented in "The Environmental Emergency and the Legality of Discretion in Environmental Law." It responds to the arguments that were made, and that could have been made, in Pardy's critique "An Unbearable Licence".
Can Pragmatism Function In Administrative Law?, Jocelyn Stacey, Alice Woolley
Can Pragmatism Function In Administrative Law?, Jocelyn Stacey, Alice Woolley
All Faculty Publications
This article draws out the ways in which Justice Rothstein grappled with complexity in administrative law. It argues that Justice Rothstein took a pragmatic approach to complexity in administrative law. Specifically, he sought to articulate a framework for judicial review that was workable for administrative decision-makers, litigants, their lawyers and reviewing courts. In addition, he looked to past experience with judicial review, evidenced in judicial precedent, rather than focusing on abstract theoretical norms.