Paul Daly @pauldalyesq.bsky.social · 01/05/2025More background on the case here: www.administrativelawmatters.com/blog/2024/10...administrativelawmatters.comThe Constitutional Foundations of Judicial Review (Again): Democracy Watch v. Canada, 2024 FCA 158Regular 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 ... 020
Paul Daly @pauldalyesq.bsky.social · 01/05/2025The 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. 230
Paul Daly @pauldalyesq.bsky.social · 01/05/2025Delighted 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 150
Paul Daly @pauldalyesq.bsky.social · 16/04/2025Some 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.comCharter Values, the Green Party and the Leaders’ Debates CommissionThis 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Commission (a body created by an Order in Council to organize leadership debates in advance of federal elections) rescinded its invitation to the Green Party to part... 042
Paul Daly @pauldalyesq.bsky.social · 16/04/2025An interesting day at the office beckons for the Federal Court duty judge… 020
Paul Daly @pauldalyesq.bsky.social · 14/04/2025This 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. 000
Paul Daly @pauldalyesq.bsky.social · 08/04/2025I 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 020
Paul Daly @pauldalyesq.bsky.social · 08/04/2025I 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. 011
Paul Daly @pauldalyesq.bsky.social · 08/04/2025Is 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 262
Paul Daly @pauldalyesq.bsky.social · 03/04/2025My 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…) 020
Paul Daly @pauldalyesq.bsky.social · 03/02/2025Against 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.comSome Thoughts on the Prorogation Case, MacKinnon v. CanadaIn 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 ... 030
Paul Daly @pauldalyesq.bsky.social · 03/02/2025Looking 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.comSome Thoughts on the Prorogation Case, MacKinnon v. CanadaIn 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 ... 041
Reposted by Paul DalyAdministrative Court Blog @admincourtblog.bsky.social · 31/01/2025No “own motion” duty in discretion fettering cases administrativecourtblog.wordpress.com/2025/01/31/n...administrativecourtblog.wordpress.comNo “own motion” duty in discretion fettering casesThe 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… 005
Reposted by Paul DalyPaolo Sandro @paolosandro.bsky.social · 27/01/2025Over 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 12623
Paul Daly @pauldalyesq.bsky.social · 22/01/2025Excellent overview of the prorogation litigation here! 020
Paul Daly @pauldalyesq.bsky.social · 19/01/2025That’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! 010
Paul Daly @pauldalyesq.bsky.social · 19/01/2025Shout out at para 27 to the Centre for Public Law @uocommonlaw.bsky.social which is seeking to intervene! 011
Paul Daly @pauldalyesq.bsky.social · 19/01/2025Prorogation 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 172
Reposted by Paul DalyPaul Daly @pauldalyesq.bsky.social · 17/01/2025Are 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.comAdministrative Law & Governance Colloquium 2025: Justifying Judicial ReviewThe 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... 074
Reposted by Paul DalyTriCON @tricondublin.bsky.social · 17/01/2025On 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 031
Reposted by Paul DalyPaul Daly @pauldalyesq.bsky.social · 17/01/2025Happy 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.caAdministrative Law Colloquium 2025Join us at the Administrative Law Colloquium 2025 for engaging discussions and insights on current legal issues! 124
Reposted by Paul DalyVanessa MacDonnell @vanessamacdonnell.bsky.social · 17/01/2025This year’s Administrative Law & Governance Colloquium is not to be missed ⬇️ 031
Paul Daly @pauldalyesq.bsky.social · 17/01/2025Are 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.comAdministrative Law & Governance Colloquium 2025: Justifying Judicial ReviewThe 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... 074
Paul Daly @pauldalyesq.bsky.social · 17/01/2025@paolosandro.bsky.social @aileenkavanagh.bsky.social 020
Paul Daly @pauldalyesq.bsky.social · 17/01/2025Happy 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.caAdministrative Law Colloquium 2025Join us at the Administrative Law Colloquium 2025 for engaging discussions and insights on current legal issues! 124
Reposted by Paul DalyVerfassungsblog @verfassungsblog.de · 10/01/2025After 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... 01711
Paul Daly @pauldalyesq.bsky.social · 09/01/2025Such a great character — “Look at the doors Richard, they open like this!” 010
Reposted by Paul DalyUOttawa, 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 074
Reposted by Paul DalyPaul Daly @pauldalyesq.bsky.social · 07/01/2025And 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.caCanadians challenge Prime Minister's decision to prorogue Parliament: "no reasonable justification" | Justice Centre for Constitutional FreedomsTORONTO: 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... 61412
Paul Daly @pauldalyesq.bsky.social · 07/01/2025Very much so: www.administrativelawmatters.com/blog/2025/01...administrativelawmatters.comWill the Trudeau Prorogation Be Challenged in Court?Following from my previous post and based on Prime Minister’s Trudeau remarks this morning, I would think the prospects for any successful challenge are low. The Prime Minister announced this morning ... 000
Paul Daly @pauldalyesq.bsky.social · 07/01/2025Over to the Federal Court to see how quickly they schedule written submissions and oral argument! 000
Paul Daly @pauldalyesq.bsky.social · 07/01/2025Interestingly (inside baseball point coming up), the applicants equivocate a little bit on whether the "decision" at issue is the Prime Minister's advice or the Governor General's acceptance of the advice, though I imagine they will clear this up in their written submissions. 140
Paul Daly @pauldalyesq.bsky.social · 07/01/2025But I am not surprised that there has been a challenge: www.administrativelawmatters.com/blog/2025/01...administrativelawmatters.comCould 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... 100
Paul Daly @pauldalyesq.bsky.social · 07/01/2025I am sceptical about the prospects of a successful challenge for reasons set out here: www.administrativelawmatters.com/blog/2025/01...administrativelawmatters.comWill the Trudeau Prorogation Be Challenged in Court?Following from my previous post and based on Prime Minister’s Trudeau remarks this morning, I would think the prospects for any successful challenge are low. The Prime Minister announced this morning ... 153
Paul Daly @pauldalyesq.bsky.social · 07/01/2025And 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.caCanadians challenge Prime Minister's decision to prorogue Parliament: "no reasonable justification" | Justice Centre for Constitutional FreedomsTORONTO: 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... 61412
Paul Daly @pauldalyesq.bsky.social · 07/01/2025Poo-pooed en français this morning in La Presse! www.lapresse.ca/actualites/e...lapresse.caL’Épiphanie ratée de Justin TrudeauEn mettant le Parlement sur « pause » jusqu’au 24 mars, Justin Trudeau essaie tant bien que mal de rattraper le temps perdu, lui qui n’a pas su partir assez vite. 001
Reposted by Paul DalyEmmett Macfarlane 🇨🇦 @emmettmacfarlane.com · 06/01/2025NEW POST: A valid prorogation, however unusual. emmettmacfarlane.substack.com/p/a-valid-pr...emmettmacfarlane.substack.comA valid prorogation, however unusualPrime Minister Justin Trudeau is resigning as leader of the Liberal Party and has requested and been granted a prorogation of Parliament until March 24th. 14222
Paul Daly @pauldalyesq.bsky.social · 06/01/2025That’s leaving aside Léonid’s 12-month point about and my own reservations about Miller 2 010
Reposted by Paul DalyVanessa MacDonnell @vanessamacdonnell.bsky.social · 06/01/2025Parliament 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 12115
Paul Daly @pauldalyesq.bsky.social · 06/01/2025Given 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. 32610
Reposted by Paul DalyLeonid Sirota @doubleaspect.blog · 04/01/2025New 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.blogGoing (Pro)RogueDoes the law limit the Prime Minister’s power to prorogue Parliament? Would the courts say so? 172
Paul Daly @pauldalyesq.bsky.social · 03/01/2025Could a Trudeau prorogation be challenged in court? Quite likely and, depending on the circumstances, potentially quite plausible. www.administrativelawmatters.com/blog/2025/01...administrativelawmatters.comCould 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... 083
Paul Daly @pauldalyesq.bsky.social · 01/01/2025Beautifully put. There will always be times when it is hard but once you have the bug, you never lose it. Keep it up! 010
Reposted by Paul DalyNigelBankes @nigelb.bsky.social · 31/12/2024Here'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 2167
Reposted by Paul DalySteve Matthews @steveamatthews.bsky.social · 31/12/2024dlvr.it2024 Clawbies: Canadian Law Blog AwardsThe 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… 047
Paul Daly @pauldalyesq.bsky.social · 31/12/2024A 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 162
Paul Daly @pauldalyesq.bsky.social · 31/12/2024Something similar could be said by a judge to a legal academic — courts must acknowledge consequences in a way that commentators need not 010
