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Full-Text Articles in Law
The Unfortunate Triumph Of Form Over Substance In Canadian Administrative Law, Paul Daly
The Unfortunate Triumph Of Form Over Substance In Canadian Administrative Law, Paul Daly
Osgoode Hall Law Journal
The standard of review analysis for judicial review of administrative action developed by the Supreme Court of Canada before Dunsmuir v New Brunswick had two important features. First, it provided a bulwark against interventionist judges, thereby protecting the autonomy of administrative decision makers and promoting deference. Second, it was substantive, rather than formal, and moved the focus of judicial review away from abstract concepts and towards the eccentricities of statutory schemes. However, in its more recent forays into the general principles of judicial review, the Court has threatened to reverse its deferential and substantive course by following a formalistic, categorical …
Administrative Justice And Adjudicative Ethics In Canada, Lorne Sossin
Administrative Justice And Adjudicative Ethics In Canada, Lorne Sossin
Articles & Book Chapters
In this article, I explore both the idea and practice of adjudicative ethics in the context of administrative justice in Canada. This is a large topic and one which is particularly timely as accountability, transparency and conflict of interest are all renewed areas of interest for governments across Canada. Elsewhere, I have suggested it is time to approach administrative justice as a justice system rather than as a disparate set of tribunals and boards. One way in which this coordination can be expressed is through a shared process of accountability for the conduct of adjudicators. My hope in elaborating adjudicative …