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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:



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

Administrative law in one sitting: A special contribution from Justice David Stratas

  • April 10, 2017
  • Jonathan Coady

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.

Administrative Law