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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

Animal welfare advocates denied public interest standing to seek judicial review of zoo permit

  • March 16, 2020
  • Christopher Wirth and Shamim Fattahi

With the recent denial of leave to appeal by the Supreme Court of Canada [2019] SCCA No 295, the Alberta Court of Appeal’s decision in Zoocheck Canada Inc. v. Alberta (Minister of Agriculture and Forestry), 2019 ABCA 208 has been confirmed. It upholds the decision of a chambers judge denying public interest standing to an advocacy group seeking judicial review of a decision by the Alberta Minister of Environment and Parks to renew a zoo permit.

Administrative Law

Federal Court grants injunction to order Leaders’ Debate Commission to accredit media organization

  • March 16, 2020
  • Christopher Wirth and Sakshi Chadha

In October 2019, just prior to a federal leaders’ election debate, the Federal Court granted an urgent injunction ordering the Leaders’ Debate Commission to permit two media journalists to attend and cover the federal leaders’ election debate. In True North Centre for Public Policy v. Canada (Leaders’ Debates Commission), 2019 FC 1424, the court subsequently released its reasons for granting this injunction.

Administrative Law

Divisional Court rules that Ontario government’s directions on student association fees is subject to judicial review

  • December 24, 2019
  • Christopher Wirth and Shamim Fattahi

The Supreme Court of the United Kingdom was asked recently to rule on the justiciability of the question as to whether the Prime Minister’s advice to the Queen to prorogue Parliament was lawful. The court held in Miller that the issue was justiciable—as it concerned the extent of the prerogative power, rather than the mode of exercise of the prerogative power within its lawful limits.

Administrative Law

Case summary: Appeal court upholds ruling that Canadian Judicial Council decisions subject to judicial review

  • August 28, 2019
  • Christopher Wirth and Armin Sohrevardi

In our November 27, 2018 article, we commented on the Federal Court’s decision in Girouard v Canada (Attorney General), 2018 FC 865, which determined that a recommendation by the Canadian Judicial Council for the removal of a judge is subject to judicial review. On appeal, this decision was recently upheld by the Federal Court of Appeal (2019 FCA 148).

Administrative Law

Case summary: One, two, three strikes for re-litigating administrative decisions

  • August 26, 2019
  • Jonathan M. Coady and Cullen Mullally

In MacLean v. Workers Compensation (PEI), 2019 PECA 9, the Prince Edward Island Court of Appeal found that the Workers Compensation Appeal Tribunal (WCAT) acted reasonably when it refused to allow a worker to relitigate matters that had been previously decided.

Administrative Law

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