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

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

Musical chairs: Re-assigning hearings that have already started

  • January 10, 2018
  • Christopher Wirth, Alex Smith and Maneet Sadhra

When can a hearing which has commenced be reassigned to a new decision-maker or a decision-maker substituted to render a final decision? Several recent decisions have attempted to wrestle with these thorny issues.

Administrative Law

CBA Administrative Law, Labour and Employment Law Conference

  • January 02, 2018
  • Ronni Nordal

Each year one wonders whether the CBA Admin Law, Labour & Employment Law Conference will meet expectations created by the great conference the previous year. Without a doubt the 2017 Conference, held in Ottawa in November, met – even exceeded – them.

Administrative Law, Labour & Employment