In a valuable contribution to improve the accessibility and understanding of administrative law in Canada, Justice David Stratas from the Federal Court of Appeal has published a new summary of the law of judicial review. Over the course of more than 100 pages, Justice Stratas navigates the labyrinth that is administrative law with his usual humility and ease. The end result is an important resource for any student, lawyer, or judge working in this area.
The summary explores five topics: (1) the basic ordering concepts of administrative law; (2) the common preliminary objections and questions around judicial review; (3) the judicial review of administrative decisions on substantive and procedural grounds; (4) the remedies available on judicial review; and (5) the role of appellate courts when reviewing decisions made on judicial review. Each topic is also peppered with hyperlinks to helpful cases, articles, and commentaries.
According to Justice Stratas, this summary “can be read from beginning to end in one short sitting.” Whether that statement is correct or reasonable is probably a question best left for the experts and scholars in this field. As for this practitioner, my only advice is quite simple: make sure your chair is a comfortable one.
“The Canadian Law of Judicial Review: Some Doctrine and Cases” (13 March 2017) by Hon. Justice David Stratas is available online.
Jonathan Coady is a partner with Stewart McKelvey in Charlottetown