Lightnews — Scholar-powered news

Paul Daly @pauldalyesq.bsky.social · May 28

Scent off a Woman

Paul Daly @pauldalyesq.bsky.social · May 1

More background on the case here:

www.administrativelawmatters.com/blog/2024/10...

The Constitutional Foundations of Judicial Review (Again): Democracy Watch v. Canada, 2024 FCA 158

Regular readers will know that there are ongoing debates in Canada about the constitutional foundations of judicial review and, in particular, whether the Supreme Court’s decision in Canada (Minister ...

www.administrativelawmatters.com

1

Paul Daly @pauldalyesq.bsky.social · May 1

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.

2 2

Paul Daly @pauldalyesq.bsky.social · May 1

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!

Judgments on Leave Applications - SCC Cases

decisions.scc-csc.ca

1 2

Paul Daly @pauldalyesq.bsky.social · Apr 21

Will they be fillable?

1 3

Paul Daly @pauldalyesq.bsky.social · Apr 16

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...

2 4

Paul Daly @pauldalyesq.bsky.social · Apr 16

An interesting day at the office beckons for the Federal Court duty judge…

davidakin @davidakin.bsky.social · Apr 16

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

2

Paul Daly @pauldalyesq.bsky.social · Apr 14

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.

Paul Daly @pauldalyesq.bsky.social · Apr 8

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

2

Paul Daly @pauldalyesq.bsky.social · Apr 8

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.

1 1

Paul Daly @pauldalyesq.bsky.social · Apr 8

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

Dan Walters @profdanwalters.bsky.social · Apr 8

I see we're dispensing with standing analysis in two sentences now.

2 2 6

Paul Daly @pauldalyesq.bsky.social · Apr 3

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…)

2

Paul Daly @pauldalyesq.bsky.social · Feb 3

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...

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

3

Paul Daly @pauldalyesq.bsky.social · Feb 3

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.

1 4

Reposted by Paul Daly

Administrative Court Blog @admincourtblog.bsky.social · Jan 31

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

5

Reposted by Paul Daly

Paolo Sandro @paolosandro.bsky.social · Jan 27

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

UK Constitutional Law Association @ukcla.bsky.social · Jan 27

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

1 23 27

Paul Daly @pauldalyesq.bsky.social · Jan 22

Excellent overview of the prorogation litigation here!

Dale Smith @journodale.bsky.social · Jan 22

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

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

2

Paul Daly @pauldalyesq.bsky.social · Jan 19

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!

1

Paul Daly @pauldalyesq.bsky.social · Jan 19

Shout out at para 27 to the Centre for Public Law @uocommonlaw.bsky.social which is seeking to intervene!

1 1

Paul Daly @pauldalyesq.bsky.social · Jan 19

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...

cdn.cyberimpact.com

1 2 7

Reposted by Paul Daly

Paul Daly @pauldalyesq.bsky.social · Jan 17

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...

4 7

Reposted by Paul Daly

TriCON @tricondublin.bsky.social · Jan 17

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

Paul Daly @pauldalyesq.bsky.social · Jan 17

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...

1 3

Reposted by Paul Daly

Paul Daly @pauldalyesq.bsky.social · Jan 17

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...

Administrative Law Colloquium 2025

Join us at the Administrative Law Colloquium 2025 for engaging discussions and insights on current legal issues!

www.eventbrite.ca

1 5 3

Reposted by Paul Daly

Vanessa MacDonnell @vanessamacdonnell.bsky.social · Jan 17

This year’s Administrative Law & Governance Colloquium is not to be missed ⬇️

Paul Daly @pauldalyesq.bsky.social · Jan 17

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...

Administrative Law Colloquium 2025

Join us at the Administrative Law Colloquium 2025 for engaging discussions and insights on current legal issues!

www.eventbrite.ca

1 3

Paul Daly @pauldalyesq.bsky.social · Jan 17

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...

4 7