Resolving Disputes to which the Government is a Party: Exploring ADR and Administrative Disputes Involving the Government of Canada
Michael O’Keefe, 3L, Senior Editor
Federal administrative disputes touch on a broad cross-section of Canadian life, including issues of Aboriginal law, intellectual property, national security, and citizenship, immigration, and refugee law. While the Government of Canada and the Canadian judiciary both encourage private disputants to pursue alternative dispute resolution (ADR) outside of the courts, Senior Editor Michael O’Keefe argues that the federal government must continue to improve access to justice by investing in ADR mechanisms that can effectively and efficiently resolve administrative disputes to which the government itself is a party.
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Unwritten Principles and Administrative Law: Implications of Toronto (City) v Ontario (Attorney General) for the Doré Framework
Manula Adhihetty, 3L, Volume 80 Senior Editor
The Supreme Court has developed its jurisprudence on s.2(b) of the Charter and the status of unwritten constitutional principles in Toronto (City) v Ontario (Attorney General). Senior Editor Manula Adhihetty discusses this decision's implication for administrative law.
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Does One Size Fit All? Navigating Reasonable Limits in Pandemic Charter Litigation
Myim Bakan Kline, 3L, Senior Editor
In the last few years, legislative and administrative responses to the COVID-19 pandemic, have led to a number of allegations that these measures infringed Charter rights. Senior Editor Myim Bakan Kline examines two such cases, and considers which standard of review courts should apply in future pandemic-related Charter cases.
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Beyond Blencoe? Delay in Administrative Proceedings and Abrametz v Law Society of Saskatchewan
Ainslie Pierrynowski, 3L, Volume 80 Senior Editor
What constitutes an undue delay in an administrative proceeding? In Abrametz v Law Society of Saskatchewan, the Saskatchewan Court of Appeal seemed to lower the threshold for staying an administrative proceeding due to delay. Senior Editor Ainslie Pierrynowski critiques the decision and argues that in the upcoming appeal, the SCC should adopt a contextual approach.
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The Extraordinary Case of the Emergencies Act: What is the Role of the Courts?
Ryan Howes, 3L, Volume 78 Senior Editor
Senior Editor Ryan Howes draws attention to “considerable uncertainty” about the role of the courts regarding the use of the Emergencies Act, a relevant discussion in the context of the COVID-19 pandemic.
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Vavilov and Administrative Law's New Standard of Review Framework
Nicole Morin, 3L, Volume 78 Senior Editor
Senior Editor Nicole Morin breaks down the Superme Court of Canada's landmark overhaul of Canadian administrative law.
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The UK Prorogation Decision in Miller v Prime Minister, and What It Means for Canada
Jake Eidinger, 3L, Volume 78 Executive Editor
The UK Supreme Court unanimously nullifies Prime Minister Boris Johnson’s prorogation of Parliament. Are there implications for Canada? Executive Editor Jake Eidinger considers.
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