Paul Daly
@pauldalyesq.bsky.social
Professor of Administrative Law & Governance, University of Ottawa
The case involves a judicial review to a decision of the Ethics Commissioner and in particular (a) whether political oversight is an adequate alternative remedy to judicial review and (b) whether a partial privative clause (and, by extension, a full privative clause) is constitutionally permissible.
May 1, 2025 at 2:09 PM
The case involves a judicial review to a decision of the Ethics Commissioner and in particular (a) whether political oversight is an adequate alternative remedy to judicial review and (b) whether a partial privative clause (and, by extension, a full privative clause) is constitutionally permissible.
Delighted that the Supreme Court of Canada granted leave to appeal in Democracy Watch this morning.
decisions.scc-csc.ca/scc-csc/news...
I am looking forward to representing Democracy Watch on the appeal along with Sujit Choudhry!
decisions.scc-csc.ca/scc-csc/news...
I am looking forward to representing Democracy Watch on the appeal along with Sujit Choudhry!
Judgments on Leave Applications - SCC Cases
decisions.scc-csc.ca
May 1, 2025 at 2:09 PM
Delighted that the Supreme Court of Canada granted leave to appeal in Democracy Watch this morning.
decisions.scc-csc.ca/scc-csc/news...
I am looking forward to representing Democracy Watch on the appeal along with Sujit Choudhry!
decisions.scc-csc.ca/scc-csc/news...
I am looking forward to representing Democracy Watch on the appeal along with Sujit Choudhry!
Will they be fillable?
April 21, 2025 at 10:45 PM
Will they be fillable?
Some thoughts here on whether the Commission’s decision is legally defensible. It certainly considered the effect on Charter rights but perhaps could and should have said more:
www.administrativelawmatters.com/blog/2025/04...
www.administrativelawmatters.com/blog/2025/04...
April 16, 2025 at 1:22 PM
Some thoughts here on whether the Commission’s decision is legally defensible. It certainly considered the effect on Charter rights but perhaps could and should have said more:
www.administrativelawmatters.com/blog/2025/04...
www.administrativelawmatters.com/blog/2025/04...
An interesting day at the office beckons for the Federal Court duty judge…
Green Party disqualified from leaders debate, commission rules. www.debates-debats.ca/en/news/2025...
Leaders’ Debates Commission issues decision on the Green Party of Canada | Leaders' Debates Commission
www.debates-debats.ca
April 16, 2025 at 12:32 PM
An interesting day at the office beckons for the Federal Court duty judge…
This is all undoubtedly true but the Americans also rely on doctrines like mootness and prematurity much more than courts in (eg) England, Australia, Canada. They also have a surprising amount of technicalities and unresolved questions about federal court jurisdiction. Many traps for the unwary.
April 14, 2025 at 10:32 PM
This is all undoubtedly true but the Americans also rely on doctrines like mootness and prematurity much more than courts in (eg) England, Australia, Canada. They also have a surprising amount of technicalities and unresolved questions about federal court jurisdiction. Many traps for the unwary.
I appreciate there are legitimate concerns in the US about forum shopping and the availability of different types of remedy against executive action, but if so those concerns should be addressed head on, rather than have the apex court resolve big questions on the fly
April 8, 2025 at 6:11 PM
I appreciate there are legitimate concerns in the US about forum shopping and the availability of different types of remedy against executive action, but if so those concerns should be addressed head on, rather than have the apex court resolve big questions on the fly
I can only think of one Canadian example, where the SCC granted a stay of the destruction of data after an appellate court implausibly refused the stay. Otherwise it’s full briefing and oral argument.
April 8, 2025 at 6:10 PM
I can only think of one Canadian example, where the SCC granted a stay of the destruction of data after an appellate court implausibly refused the stay. Otherwise it’s full briefing and oral argument.
Is there any other jurisdiction where issues like this are decided in a matter of days without oral argument on the so-called shadow docket?
Even if the Trump administration has respectable arguments in some of these cases, the process is surely ill-suited to the resolution of complex legal issues
Even if the Trump administration has respectable arguments in some of these cases, the process is surely ill-suited to the resolution of complex legal issues
I see we're dispensing with standing analysis in two sentences now.
April 8, 2025 at 6:08 PM
Is there any other jurisdiction where issues like this are decided in a matter of days without oral argument on the so-called shadow docket?
Even if the Trump administration has respectable arguments in some of these cases, the process is surely ill-suited to the resolution of complex legal issues
Even if the Trump administration has respectable arguments in some of these cases, the process is surely ill-suited to the resolution of complex legal issues
My blog output should be back to once or twice a week fairly soon — it always takes a hit around February, March and April due to teaching (and the Champions League…)
April 3, 2025 at 6:48 PM
My blog output should be back to once or twice a week fairly soon — it always takes a hit around February, March and April due to teaching (and the Champions League…)
Against the backdrop of a tariff war with the US, Canadian courts have been asked to consider whether proroguing Parliament at such a critical period was lawful.
In my view, the courts will not intervene on this occasion, grave and all as it is:
www.administrativelawmatters.com/blog/2025/02...
In my view, the courts will not intervene on this occasion, grave and all as it is:
www.administrativelawmatters.com/blog/2025/02...
Some Thoughts on the Prorogation Case, MacKinnon v. Canada
In previous posts, I mused about the possibility of a challenge to Prime Minister Trudeau’s advice to the Governor General to prorogue Parliament from January 6 to March 24 of this year. There is now ...
www.administrativelawmatters.com
February 3, 2025 at 1:43 PM
Against the backdrop of a tariff war with the US, Canadian courts have been asked to consider whether proroguing Parliament at such a critical period was lawful.
In my view, the courts will not intervene on this occasion, grave and all as it is:
www.administrativelawmatters.com/blog/2025/02...
In my view, the courts will not intervene on this occasion, grave and all as it is:
www.administrativelawmatters.com/blog/2025/02...
Looking forward to this event this evening!
Here is why I think the legal challenge to the Trudeau prorogation will fail: www.administrativelawmatters.com/blog/2025/02...
Lots of interesting questions about jurisdiction, justiciability, unwritten constitutional principles and deference.
Here is why I think the legal challenge to the Trudeau prorogation will fail: www.administrativelawmatters.com/blog/2025/02...
Lots of interesting questions about jurisdiction, justiciability, unwritten constitutional principles and deference.
February 3, 2025 at 11:55 AM
Looking forward to this event this evening!
Here is why I think the legal challenge to the Trudeau prorogation will fail: www.administrativelawmatters.com/blog/2025/02...
Lots of interesting questions about jurisdiction, justiciability, unwritten constitutional principles and deference.
Here is why I think the legal challenge to the Trudeau prorogation will fail: www.administrativelawmatters.com/blog/2025/02...
Lots of interesting questions about jurisdiction, justiciability, unwritten constitutional principles and deference.
Reposted by Paul Daly
No “own motion” duty in discretion fettering cases administrativecourtblog.wordpress.com/2025/01/31/n...
No “own motion” duty in discretion fettering cases
The classic formulation of the non-fettering principle comes from the famous British Oxygen Co case. In the words of Lord Reid, there is a “general rule” that “anyone who has to exercise a statutor…
administrativecourtblog.wordpress.com
January 31, 2025 at 2:31 PM
No “own motion” duty in discretion fettering cases administrativecourtblog.wordpress.com/2025/01/31/n...
Reposted by Paul Daly
Over the course of this week the @ukcla.bsky.social will publish the fantastic contributions to an event I organised in July last year. Below you can find my introduction to the series. I will use this thread to highlight the individual posts. It should be of interest not just to lawyers, but to /1
Paolo Sandro: The Rule of Guidance? Blog Series Introduction ukconstitutionallaw.org/2025/01/27/p...
Paolo Sandro: The Rule of Guidance? Blog Series Introduction
Introduction The conference ‘The Rule of Guidance?’, funded by a Michael Beverley Innovation Fellowship, was held in July 2024 at the Bingham Centre for the Rule of Law in London. The conference’s …
ukconstitutionallaw.org
January 27, 2025 at 2:11 PM
Over the course of this week the @ukcla.bsky.social will publish the fantastic contributions to an event I organised in July last year. Below you can find my introduction to the series. I will use this thread to highlight the individual posts. It should be of interest not just to lawyers, but to /1
Excellent overview of the prorogation litigation here!
New from me at @cba-nationalmag.bsky.social: Are there limits to the prime minister’s power to prorogue Parliament? #cdnlaw #cdnpoli
With thanks to @plagasse.bsky.social and @pauldalyesq.bsky.social
With thanks to @plagasse.bsky.social and @pauldalyesq.bsky.social
Are there limits to the prime minister’s power to prorogue Parliament?
Federal Court fast-tracks legal challenge of decision to hit pause until March, which brings novel questions
nationalmagazine.ca
January 22, 2025 at 11:19 PM
Excellent overview of the prorogation litigation here!
That’s a possible, maybe likely, outcome (I hope to write up my thoughts on this soon) but this one was just about urgency. We will see about the merits!
January 19, 2025 at 12:49 AM
That’s a possible, maybe likely, outcome (I hope to write up my thoughts on this soon) but this one was just about urgency. We will see about the merits!
Shout out at para 27 to the Centre for Public Law @uocommonlaw.bsky.social which is seeking to intervene!
January 19, 2025 at 12:45 AM
Shout out at para 27 to the Centre for Public Law @uocommonlaw.bsky.social which is seeking to intervene!
Prorogation litigation update 🚨
A rare Saturday decision from the Federal Court granting the applicants’ motion to expedite.
February 13-14 are the hearing dates for the challenge to the lawfulness of the Trudeau prorogation.
Impressive speed from Crampton CJ!
cdn.cyberimpact.com/clients/4235...
A rare Saturday decision from the Federal Court granting the applicants’ motion to expedite.
February 13-14 are the hearing dates for the challenge to the lawfulness of the Trudeau prorogation.
Impressive speed from Crampton CJ!
cdn.cyberimpact.com/clients/4235...
cdn.cyberimpact.com
January 19, 2025 at 12:28 AM
Prorogation litigation update 🚨
A rare Saturday decision from the Federal Court granting the applicants’ motion to expedite.
February 13-14 are the hearing dates for the challenge to the lawfulness of the Trudeau prorogation.
Impressive speed from Crampton CJ!
cdn.cyberimpact.com/clients/4235...
A rare Saturday decision from the Federal Court granting the applicants’ motion to expedite.
February 13-14 are the hearing dates for the challenge to the lawfulness of the Trudeau prorogation.
Impressive speed from Crampton CJ!
cdn.cyberimpact.com/clients/4235...
Reposted by Paul Daly
Are today’s courts bastions of principle in a turbulent world, or staffed by unelected philosopher kings out of touch with the concerns of ordinary citizens?
That’s the theme of this series: I’m looking forward to diving in and hope you can join us.
www.administrativelawmatters.com/blog/2024/08...
That’s the theme of this series: I’m looking forward to diving in and hope you can join us.
www.administrativelawmatters.com/blog/2024/08...
January 17, 2025 at 11:12 AM
Are today’s courts bastions of principle in a turbulent world, or staffed by unelected philosopher kings out of touch with the concerns of ordinary citizens?
That’s the theme of this series: I’m looking forward to diving in and hope you can join us.
www.administrativelawmatters.com/blog/2024/08...
That’s the theme of this series: I’m looking forward to diving in and hope you can join us.
www.administrativelawmatters.com/blog/2024/08...
Reposted by Paul Daly
On Feb 26th, @tricondublin.bsky.social Director - Prof @aileenkavanagh.bsky.social - will contribute to this hybrid seminar series on ‘The Legitimacy of Judicial Review’ organised by Prof @pauldalyesq.bsky.social @uottawa.bsky.social
Are today’s courts bastions of principle in a turbulent world, or staffed by unelected philosopher kings out of touch with the concerns of ordinary citizens?
That’s the theme of this series: I’m looking forward to diving in and hope you can join us.
www.administrativelawmatters.com/blog/2024/08...
That’s the theme of this series: I’m looking forward to diving in and hope you can join us.
www.administrativelawmatters.com/blog/2024/08...
January 17, 2025 at 2:53 PM
On Feb 26th, @tricondublin.bsky.social Director - Prof @aileenkavanagh.bsky.social - will contribute to this hybrid seminar series on ‘The Legitimacy of Judicial Review’ organised by Prof @pauldalyesq.bsky.social @uottawa.bsky.social
Reposted by Paul Daly
Happy to say registration for this year’s online Administrative Law & Governance Colloquium on “Justifying Judicial Review” is now open.
Featuring: Jason Allen, Paolo Sandro, Roberto Gargarella, Aileen Kavanagh, Rosalind Dixon and Cora Chan.
Sign up below!
www.eventbrite.ca/e/administra...
Featuring: Jason Allen, Paolo Sandro, Roberto Gargarella, Aileen Kavanagh, Rosalind Dixon and Cora Chan.
Sign up below!
www.eventbrite.ca/e/administra...
Administrative Law Colloquium 2025
Join us at the Administrative Law Colloquium 2025 for engaging discussions and insights on current legal issues!
www.eventbrite.ca
January 17, 2025 at 11:08 AM
Happy to say registration for this year’s online Administrative Law & Governance Colloquium on “Justifying Judicial Review” is now open.
Featuring: Jason Allen, Paolo Sandro, Roberto Gargarella, Aileen Kavanagh, Rosalind Dixon and Cora Chan.
Sign up below!
www.eventbrite.ca/e/administra...
Featuring: Jason Allen, Paolo Sandro, Roberto Gargarella, Aileen Kavanagh, Rosalind Dixon and Cora Chan.
Sign up below!
www.eventbrite.ca/e/administra...
Reposted by Paul Daly
This year’s Administrative Law & Governance Colloquium is not to be missed ⬇️
Happy to say registration for this year’s online Administrative Law & Governance Colloquium on “Justifying Judicial Review” is now open.
Featuring: Jason Allen, Paolo Sandro, Roberto Gargarella, Aileen Kavanagh, Rosalind Dixon and Cora Chan.
Sign up below!
www.eventbrite.ca/e/administra...
Featuring: Jason Allen, Paolo Sandro, Roberto Gargarella, Aileen Kavanagh, Rosalind Dixon and Cora Chan.
Sign up below!
www.eventbrite.ca/e/administra...
Administrative Law Colloquium 2025
Join us at the Administrative Law Colloquium 2025 for engaging discussions and insights on current legal issues!
www.eventbrite.ca
January 17, 2025 at 12:28 PM
This year’s Administrative Law & Governance Colloquium is not to be missed ⬇️
Are today’s courts bastions of principle in a turbulent world, or staffed by unelected philosopher kings out of touch with the concerns of ordinary citizens?
That’s the theme of this series: I’m looking forward to diving in and hope you can join us.
www.administrativelawmatters.com/blog/2024/08...
That’s the theme of this series: I’m looking forward to diving in and hope you can join us.
www.administrativelawmatters.com/blog/2024/08...
January 17, 2025 at 11:12 AM
Are today’s courts bastions of principle in a turbulent world, or staffed by unelected philosopher kings out of touch with the concerns of ordinary citizens?
That’s the theme of this series: I’m looking forward to diving in and hope you can join us.
www.administrativelawmatters.com/blog/2024/08...
That’s the theme of this series: I’m looking forward to diving in and hope you can join us.
www.administrativelawmatters.com/blog/2024/08...