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Full-Text Articles in Law
Regulatory Reform And The National Energy Board, J. M. Hendry
Regulatory Reform And The National Energy Board, J. M. Hendry
Dalhousie Law Journal
Government regulation has been increasing rapidly for the past five decades. At present, boards, commissions, and other variously named administrative agencies pervade nearly every phrase of the nation's economic and social activity. At the federal level, these groups are involved in formulating economic policy; they control the construction and operation of pipelines and other means of transport; they supervise most facets of the telecommunications and broadcasting industries; they regulate, in many ways, the exploration for and manufacturing and marketing of raw materials. At the provincial level, they are concerned with labour relations, education, and the use of property. In addition, …
Delanoy V. Public Service Commission Appeal Board, R. A. Macdonald
Delanoy V. Public Service Commission Appeal Board, R. A. Macdonald
Dalhousie Law Journal
Rarely does an Administrative Law decision raise the issue of the proper relationship between boards and courts as starkly as the recent Federal Court of Appeal judgment in Delanoy v. Public Service Commission Appeal Board.1 Generally, judicial review tends to focus upon the limits of natural justice (i.e. procedural questions) rather than the problems of formal (non-procedural) jurisdiction and therefore permits courts to assert legalistic values under the guise of "due process". However, almost as if impelled by the favourable comments that their incursions into this field have drawn from academics, the courts have manifested in recent years an almost …