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Here is a very interesting decision from the Federal Court (in French) on the exclusion of judicial review. Roy J held that it was not 'plain and obvious' that the right to seek judicial review had been removed by transitional provisions in legislation: decisions.fct-cf.gc.ca/fc-cf/decision…

We have two exciting events planned for later this January! First, on January the 27th, a Debrief on Auer and TransAlta with Paul Daly.

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. administrativelawmatters.com/blog/2024/08/2…

Delighted to participate in this great hybrid seminar series on ‘The Legitimacy of Judicial Review’ alongside Jason Allen, Paolo Sandro, roberto gargarella Rosalind Dixon & Cora Chan. I’ll be speaking on Feb 26th. Thanks to Paul Daly for the invite! eventbrite.ca/e/administrati…

On Feb 26th, TriCON Director Prof Aileen Kavanagh TCD Law School will speak about The Collaborative Constitution Cambridge University Press - Law as part of this online seminar series on ‘The Legitimacy of Judicial Review’ organised by Paul Daly uOttawa | COMMON LAW

Thanks to Christine Van Geyn and Paul Daly for a great discussion on the prorogation in Canada.

This was a fun discussion!

Against the backdrop of a tariff war with the US, Canadian courts have been asked to consider whether the prorogation of 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: administrativelawmatters.com/blog/2025/02/0…

Looking forward to speaking about The Collaborative Constitution Cambridge University Press - Law in this webinar series organised by Paul Daly uOttawa | COMMON LAW this Weds Feb 26th 16.30 Dublin time. I’m after roberto gargarella and before Rosalind Dixon, so no pressure! administrativelawmatters.com/blog/2025/01/1…

Some thoughts on the early days of the second Trump presidency here, of the “could something like this happen in Canada” variety. Answer: in a parliamentary system, a government would not need to use executive power in the same way, and probably couldn’t administrativelawmatters.com/blog/2025/02/2…

On the morning of the first debate! Surely an urgent application to the Federal Court is already incoming. The Commission is not statutory afaik but was created by an Order in Council, so its decisions should be reviewable for fairness and reasonableness.

Ce ne serait guère surprenant que les Verts déposent ce matin en Cour fédérale une demande de contrôle judiciaire de cette décision (tardive, comme le note M. Léger). J’imagine également qu’ils demanderaient un remède urgent leur permettant de participer ce soir…

Charter Values, the Green Party and the Leaders’ Debates Commission administrativelawmatters.com/s/6692 via Paul Daly

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: administrativelawmatters.com/blog/2025/04/1…

Candour in #JudicialReview Proceedings in Canada In this paper, the author discusses the potential recognition of a duty of candour in Canadian administrative law. Author: Paul Daly Read More: spkl.io/6012f0WPk #LawTwitter #LawX