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Paul Daly

@pauldalyesq.bsky.social
719 followers 292 following 67 posts

Professor of Administrative Law & Governance, University of Ottawa

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Paul Daly @pauldalyesq.bsky.social · 01/05/2025
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
Judgments on Leave Applications - SCC Cases
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Paul Daly @pauldalyesq.bsky.social · 16/04/2025
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...
administrativelawmatters.com
Charter Values, the Green Party and the Leaders’ Debates Commission
This morning, the Leaders’ Debates Commission (a body created by an Order in Council to organize leadership debates in advance of federal elections) rescinded its invitation to the Green Party to part...
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Paul Daly @pauldalyesq.bsky.social · 16/04/2025
An interesting day at the office beckons for the Federal Court duty judge…
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Paul Daly @pauldalyesq.bsky.social · 08/04/2025
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
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Paul Daly @pauldalyesq.bsky.social · 03/02/2025
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...
administrativelawmatters.com
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 ...
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Paul Daly @pauldalyesq.bsky.social · 03/02/2025
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.
administrativelawmatters.com
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 ...
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Administrative Court Blog @admincourtblog.bsky.social · 31/01/2025
No “own motion” duty in discretion fettering cases administrativecourtblog.wordpress.com/2025/01/31/n...
administrativecourtblog.wordpress.com
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…
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Paolo Sandro @paolosandro.bsky.social · 27/01/2025
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
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Paul Daly @pauldalyesq.bsky.social · 22/01/2025
Excellent overview of the prorogation litigation here!
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Paul Daly @pauldalyesq.bsky.social · 19/01/2025
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
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Paul Daly @pauldalyesq.bsky.social · 17/01/2025
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...
administrativelawmatters.com
Administrative Law & Governance Colloquium 2025: Justifying Judicial Review
The theme for next year’s Administrative Law & Governance Colloquium is “Justifying Judicial Review”: Western constitutional democracies live in turbulent times, buffeted by populism, technological de...
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TriCON @tricondublin.bsky.social · 17/01/2025
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
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Paul Daly @pauldalyesq.bsky.social · 17/01/2025
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...
eventbrite.ca
Administrative Law Colloquium 2025
Join us at the Administrative Law Colloquium 2025 for engaging discussions and insights on current legal issues!
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Vanessa MacDonnell @vanessamacdonnell.bsky.social · 17/01/2025
This year’s Administrative Law & Governance Colloquium is not to be missed ⬇️
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Paul Daly @pauldalyesq.bsky.social · 17/01/2025
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...
administrativelawmatters.com
Administrative Law & Governance Colloquium 2025: Justifying Judicial Review
The theme for next year’s Administrative Law & Governance Colloquium is “Justifying Judicial Review”: Western constitutional democracies live in turbulent times, buffeted by populism, technological de...
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Paul Daly @pauldalyesq.bsky.social · 17/01/2025
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...
eventbrite.ca
Administrative Law Colloquium 2025
Join us at the Administrative Law Colloquium 2025 for engaging discussions and insights on current legal issues!
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Verfassungsblog @verfassungsblog.de · 10/01/2025
After Justin Trudeau's announcement that 🇨🇦 Parliament would be prorogued until March 24, a judicial review application was filed challenging the prorogation. VANESSA MACDONNELL (vanessamacdonnell.bsky.social) on what we know about the legal challenge so far. verfassungsblog.de/canada-proro...
Quote from our published article by author Vanessa MacDonnell: “In my view, this is a case where the principles of parliamentary sovereignty and parliamentary accountability are best enforced politically.”
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UOttawa, Section de common law | Common Law Section @uocommonlaw.bsky.social · 09/01/2025
🎉 We’re excited to celebrate the achievements of our faculty members who were honoured in the #2024Clawbies the Canadian Law Blog Awards recognizing the best online Canadian legal content from the past year. 👏 Learn more: bit.ly/4hbOflf @jcyliew.bsky.social @pauldalyesq.bsky.social
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Paul Daly @pauldalyesq.bsky.social · 07/01/2025
And there is a court challenge to yesterday’s prorogation: www.jccf.ca/canadians-ch... Notably the applicants make an effort to cast their challenge in terms of the principles set out by the United Kingdom Supreme Court in striking down Boris Johnson’s prorogation in the Miller 2 decision.
jccf.ca
Canadians challenge Prime Minister's decision to prorogue Parliament: "no reasonable justification" | Justice Centre for Constitutional Freedoms
TORONTO: The Justice Centre for Constitutional Freedoms is providing lawyers on an urgent basis to two Canadians, David MacKinnon and Aris Lavranos, seeking a Federal Court declaration that Prime Mini...
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Paul Daly @pauldalyesq.bsky.social · 07/01/2025
And there is a court challenge to yesterday’s prorogation: www.jccf.ca/canadians-ch... Notably the applicants make an effort to cast their challenge in terms of the principles set out by the United Kingdom Supreme Court in striking down Boris Johnson’s prorogation in the Miller 2 decision.
jccf.ca
Canadians challenge Prime Minister's decision to prorogue Parliament: "no reasonable justification" | Justice Centre for Constitutional Freedoms
TORONTO: The Justice Centre for Constitutional Freedoms is providing lawyers on an urgent basis to two Canadians, David MacKinnon and Aris Lavranos, seeking a Federal Court declaration that Prime Mini...
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Emmett Macfarlane 🇨🇦 @emmettmacfarlane.com · 06/01/2025
NEW POST: A valid prorogation, however unusual. emmettmacfarlane.substack.com/p/a-valid-pr...
emmettmacfarlane.substack.com
A valid prorogation, however unusual
Prime Minister Justin Trudeau is resigning as leader of the Liberal Party and has requested and been granted a prorogation of Parliament until March 24th.
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Vanessa MacDonnell @vanessamacdonnell.bsky.social · 06/01/2025
Parliament has now been prorogued. A few thoughts on the prorogation discussion involving @pauldalyesq.bsky.social, @plagasse.bsky.social, and @doubleaspect.blog on (1) the facts around the prorogation, (2) a possible legal challenge, and (3) the persuasiveness of the UK decision in Miller II. 1/n
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Paul Daly @pauldalyesq.bsky.social · 06/01/2025
Given the PM’s announcement this morning, emphasizing (1) the paralyzed Parliament, (2) deadlock over privilege, (3) an imminent confidence vote on March 28 and (4) the need for an orderly leadership contest, I don’t think any court challenge would be successful.
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Leonid Sirota @doubleaspect.blog · 04/01/2025
New blog post: there are serious legal impediments to courts invalidating an eventual prorogation of the Canadian Parliament. Whether it will stop the (not good chap) judges is another matter. doubleaspect.blog/2025/01/04/g...
doubleaspect.blog
Going (Pro)Rogue
Does the law limit the Prime Minister’s power to prorogue Parliament? Would the courts say so?
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Paul Daly @pauldalyesq.bsky.social · 03/01/2025
Could a Trudeau prorogation be challenged in court? Quite likely and, depending on the circumstances, potentially quite plausible. www.administrativelawmatters.com/blog/2025/01...
administrativelawmatters.com
Could a Trudeau Prorogation be Challenged in Court?
There is an end-of-days feeling around Ottawa at the moment. Prime Minister Justin Trudeau, it seems, is not long for this (political world). He leads a minority administration and, though he has gove...
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NigelBankes @nigelb.bsky.social · 31/12/2024
Here's the ABlawg year in review: 85 posts, and 150,382 visits from 62,509 visitors this year and several citations of ABlawg posts by the courts including the SCC, @jwatsonhamilton.bsky.social and @jenniferkoshan.bsky.social #ableg #abpoli
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Steve Matthews @steveamatthews.bsky.social · 31/12/2024
dlvr.it
2024 Clawbies: Canadian Law Blog Awards
The law matters. This is a fact of our lives and our society that lawyers have always implicitly understood, dating back to our first weeks in law school. When our professors first taught us to “think like a lawyer,” they weren’t just training us to see…
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Paul Daly @pauldalyesq.bsky.social · 31/12/2024
A very nice surprise — and a great start to 2025 — to find myself in the Hall of Fame, joining my colleague @mgeist.bsky.social and many other luminaries of the law blogging world
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Paul Daly @pauldalyesq.bsky.social · 31/12/2024
Something similar could be said by a judge to a legal academic — courts must acknowledge consequences in a way that commentators need not
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Paul Daly @pauldalyesq.bsky.social · 19/12/2024
Happy Birthday to Vavilov! Five years old today, very much alive, kicking and looking forward to a long, healthy life. www.administrativelawmatters.com/blog/2024/12...
administrativelawmatters.com
Vavilov: Alive at Five
Today marks the fifth anniversary of the Supreme Court of Canada’s landmark decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, [2019] 4 SCR 653. 2019 is really a wor...
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Paul Daly @pauldalyesq.bsky.social · 08/12/2024
And here is a question: Judicial salaries are fixed by independent commissions: this is a constitutional requirement grounded in judicial independence. Shouldn’t the same be true of adequate funding for the judiciary? It is a bad look for judges to have to rattle the begging bowl publicly.
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Paul Daly @pauldalyesq.bsky.social · 08/12/2024
Hard agree on this. As a tribunal member (albeit one with a very modest annual workload) I benefit enormously from support services provided by the ATSSC. It makes my job much easier. Many superior court judges do not have comparable resources. It makes their jobs much harder.
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Paul Daly @pauldalyesq.bsky.social · 05/12/2024
Constitutional Limits on the Administrative State: Galderma Canada Inc. v. Canada (Attorney General), 2024 FCA 208 www.administrativelawmatters.com/blog/2024/12...
administrativelawmatters.com
Constitutional Limits on the Administrative State: Galderma Canada Inc. v. Canada (Attorney General), 2024 FCA 208
The Federal Court of Appeal recently released an interesting decision at the intersection of constitutional and administrative law in Galderma Canada Inc. v. Canada (Attorney General), 2024 FCA 208 (I...
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Paul Daly @pauldalyesq.bsky.social · 04/12/2024
Heh, I don’t know about bonkers but at the hearing we knew we were all talking about “jurisdiction”, even if we kept using synonyms — boundaries, limits, lawful authority. If such a thing exists, this case involved a “true” jurisdictional question.
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Paul Daly @pauldalyesq.bsky.social · 04/12/2024
Significant new decision from the Federal Court of Appeal on patent regulation. A typically readable opinion by Stratas JA, with colourful language about the need for the Patented Medicines Prices Review Board to respect the constitutional and legal limits on its jurisdiction. canlii.ca/t/k870w
canlii.ca
2024 FCA 208 (CanLII) | Galderma Canada Inc. v. Canada (Attorney General) | CanLII
Access all information related to judgment Galderma Canada Inc. v. Canada (Attorney General), 2024 FCA 208 (CanLII) on CanLII.
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Paul Daly @pauldalyesq.bsky.social · 04/12/2024
Love the weekly pieces by @tim-stillman.bsky.social on the incomparable @arseblog.com This one channeling the Art of War is a classic of the genre!
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Paul Daly @pauldalyesq.bsky.social · 02/12/2024
In a new paper for a forthcoming collection on the challenges of AI for public sector governance, I assess the use of AI in administrative tribunals. I am cautiously optimistic about AI in this particular setting, but I also urge careful, contextual analysis: papers.ssrn.com/sol3/papers....
papers.ssrn.com
Artificial Intelligence and Administrative Tribunals
<p>In this paper, I will examine the implications of artificial intelligence for administrative tribunals. I will briefly set the scene in Part I by descri
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Paul Daly @pauldalyesq.bsky.social · 02/12/2024
In a new paper for a forthcoming collection on the challenges of AI for public sector governance, I assess the use of AI in administrative tribunals. I am cautiously optimistic about AI in this particular setting, but I also urge careful, contextual analysis: papers.ssrn.com/sol3/papers....
papers.ssrn.com
Artificial Intelligence and Administrative Tribunals
<p>In this paper, I will examine the implications of artificial intelligence for administrative tribunals. I will briefly set the scene in Part I by descri
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Paul Daly @pauldalyesq.bsky.social · 30/11/2024
Reminds me of the line attributed to the Irish writer Brendan Behan: “I arrived in Toronto and I saw a sign saying ‘Drink Canada Dry’, and so I did my best”
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Paul Daly @pauldalyesq.bsky.social · 28/11/2024
This is a very useful analysis of a novel use of a statutory power — one of those situations where some clever counsel blows the dust off a forgotten chapter of the Revised Statutes of Canada and upsets long-settled expectations. The s107 litigation will be interesting to watch.
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Paul Daly @pauldalyesq.bsky.social · 28/11/2024
Huh, an actual lawsuit based on “vibes”.
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Paul Daly @pauldalyesq.bsky.social · 20/11/2024
Administrative law is “the law of everything”. Today is no exception. Started with Crown corporations. Then a session with government lawyers on considering Charter values in ministerial decision-making. And after a nice grab bag of landlord & tenant, insurance and professional discipline law!
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Paul Daly @pauldalyesq.bsky.social · 19/11/2024
Had great fun this am talking about Crown corporations and the postal strike with CBC Radio in New Brunswick. Hopefully useful for those interested in the inherent tensions Crown corporations confront. Certainly useful for anyone interested in how I sound at 6.30am… www.cbc.ca/listen/live-...
cbc.ca
Crown corporation curse | Information Morning - Fredericton with Jeanne Armstrong | Live Radio | CBC Listen
Canada Post is one of many crown corporations that struggle financially and compete with private companies. Jeanne Armstrong spoke to University of Ottawa professor Paul Daly about how the business model might make it susceptible to challenges.
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Ben Yong @bymyong.bsky.social · 13/11/2024
Here's a starter pack of Public and Constitutional Law BSky accounts. It's mostly UK and Commonwealth lawyers/blogs, including some parliamentary people and govt lawyers. I've got a much longer list too (which includes US lawyers/blogs) go.bsky.app/25qHVZa
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Paul Daly @pauldalyesq.bsky.social · 13/11/2024
Here is a very interesting decision from the Federal Court (in French) on the exclusion of judicial review. Roy J held that it was not 'plain and obvious' that the right to seek judicial review had been removed by transitional provisions in legislation: decisions.fct-cf.gc.ca/fc-cf/decisi...
decisions.fct-cf.gc.ca
Dugré c. Canada (Procureur général) - Cour fédérale
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Paul Daly @pauldalyesq.bsky.social · 13/11/2024
Regulation makers often discriminate between people and classes of company, property owner and land. A persistent question is whether such discrimination is authorized and justifiable. The Supreme Court of Canada addressed this question last week: www.administrativelawmatters.com/blog/2024/11...
administrativelawmatters.com
Discriminatory Regulations: TransAlta Generation Partnership v. Alberta, 2024 SCC 37
The Supreme Court of Canada’s decision in the Auer case (noted here) confirmed that the standard of review applicable to regulations is reasonableness: the judicial review analysis must be conducted u...
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Paul Daly @pauldalyesq.bsky.social · 10/11/2024
Shout out to @anuragdeb.bsky.social Lewis Graham and Gabriel Tan on their excellent new admin law blog. Wouldn’t have known about the important gas caverns case without having subscribed. You should too! www.administrativelawmatters.com/blog/2024/11...
administrativelawmatters.com
Devolution, Judicial Review and Constitutional Principle: Re No Gas Caverns Ltd, [2024] NICA 50
To open, a plug for the excellent new “Administrative Court Blog“, run by Anurag Deb, Lewis Graham and Gabriel Tan: this highlights important decisions from the UK on administrative law matters. I hav...
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Paul Daly @pauldalyesq.bsky.social · 10/11/2024
A very nice overview of the Auer decision by Dale. Here is my in-depth take on this highly significant case, the implications of which will take time to tease out: www.administrativelawmatters.com/blog/2024/11...
administrativelawmatters.com
Standard of Review of Regulations: Auer v. Auer, 2024 SCC 36
The Supreme Court of Canada handed down its much-anticipated decision on standard of review of regulations in Auer v. Auer, 2024 SCC 36 this morning. I was co-counsel for the appellant, Roland Auer. A...
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Dale Smith @journodale.bsky.social · 10/11/2024
For the evening crowd, my latest for National Magazine on yesterday’s #SCC decision about the standard of review for challenging government regulations #cdnlaw #cdnpoli
nationalmagazine.ca
Keeping the Katz in the bag
Supreme Court of Canada clarifies review standard of challenges to government regulations, upholds most principles in Katz
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