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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:



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

Cooperative federalism – a division of powers principle to suit every need?

  • January 02, 2018
  • Olga Redko

Much ink has been spilled over the significance of the principle of cooperative federalism, starting with whether it is even a recognized doctrine that can be relied upon to adjudicate disputes over the division of legislative powers established by the Constitution Act, 1867.

Administrative Law

SCC: Standard of review from a Minister's extradition decision is reasonableness

  • December 22, 2017
  • Christopher Wirth and Maneet Sadhra

The Supreme Court of Canada in India v Badesha, has confirmed that the standard of review of reasonableness will apply to a review of a Minister's extradition decision. With that decision, an extradition order against two Canadian citizens accused of arranging an honour killing in India was reinstated.

Administrative Law