Articles

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Intra
Vires

CBA Administrative Law Section

CBA Administrative Law Section articles are published under the banner Intra Vires. Members interested in posting articles are encouraged to send them to the Section at: cbaadminlaw@cba.org.

 

Today
Today

Federal Court finds remediation agreement decision not subject to judicial review

  • April 25, 2019
  • Christopher Wirth and Alana Spira

In SNC-Lavalin Group Inc. v Canada (Public Prosecution Service), 2019 FC 282 (CanLII) the Federal Court found that a decision not to offer an invitation to negotiate a remediation agreement falls under the ambit of prosecutorial discretion and is not subject to judicial review.1

Administrative Law

No permission required to speak freely (in the language of your choice)

  • April 25, 2019
  • Christopher Wirth and Alana Spira

In Mazraani v Industrial Alliance Insurance and Financial Services Inc., 2018 SCC 50, the Supreme Court of Canada affirmed that there is a duty on judges of the Tax Court of Canada to ensure that the language rights of participants in the court process are protected.

Administrative Law

What’s new in lobbying law?

  • April 25, 2019
  • Bruce Bergen

This year marks the 30th anniversary of the first lobbying law in Canada. In 1989, Parliament enacted the Lobbyists Registration Act and it was proclaimed into force on September 30, 1989. That legislation is now known as the Lobbying Act.

Administrative Law

Decision of a religious organization not subject to judicial review

  • November 27, 2018
  • Christopher Wirth and Alana Spira

In Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall, 2018 SCC 26, the Supreme Court of Canada helpfully clarified that in order for a decision to be subject to judicial review, it must be a public decision by a state actor and, in so doing, held that a disfellowship decision by the Judicial Committee of the Highwood Congregation of Jehovah’s Witnesses was not subject to judicial review.

Administrative Law

Judicial review does not apply to political parties.

  • November 27, 2018
  • Christopher Wirth and Alana Spira

The Ontario Divisional Court in Trost v Conservative Party of Canada, 2018 ONSC 2733, provided another welcome clarification on what can be subject to judicial review when it held that a political party is not subject to judicial review as it is not a state actor, and in so doing refused to follow an earlier decision of the court which had judicially reviewed a decision of the New Democratic Party.

Administrative Law

Canadian Judicial Council decisions subject to judicial review

  • November 27, 2018
  • Christopher Wirth and Cameron Taylor

In Girouard v Canada (Attorney General), 2018 FC 865, Justice Noël of the Federal Court determined that a recommendation by the Canadian Judicial Council for the removal of a judge is subject to judicial review.

Administrative Law

Repudiating the Supreme Court on the standard of review

  • May 02, 2018
  • Edward Béchard-Torres

Edward Béchard-Torres, in his recent article Repudiating the Supreme Court on the Standard of Review, summarizes how a decision of the Alberta Court of Appeal has questioned the Supreme Court of Canada’s jurisprudence concerning the standard of review which must be applied to a given administrative decision, highlighting how the standard of review for administrative matters continues to be a moving target and the subject of much debate.

Administrative Law

Administrative tribunals can sub-delegate authority, says Federal Court

  • April 27, 2018
  • Christopher Wirth and Alex Smith

In Best v Canada (Attorney General), 2017 FC 1145, the Federal Court held that an administrative body, the Canadian Judicial Council, was entitled to sub-delegate to its executive director the authority to summarily dismiss complaints through an early screening process, and that its decision to summarily dismiss a complaint was reasonable.

Administrative Law