Dunsmuir and Jurisdiction

Canadian Journal of Administrative Law & Practice: Special Issue -- A Decade of Dunsmuir (2018)

4 Pages Posted: 5 Oct 2018 Last revised: 5 Dec 2018

See all articles by Evan Fox-Decent

Evan Fox-Decent

McGill University - Faculty of Law

Alexander Pless

McGill University

Date Written: February 20, 2018

Abstract

This symposium piece discusses the way the Supreme Court of Canada in its 2008 Dunsmuir decision returned to jurisdiction as a key analytic device with which to conduct judicial review of administrative action. The Court did so, however, without offering a method to distinguish jurisdictional errors of law from non-jurisdictional errors. Without such a method, judicial review is at risk of abandoning its commitment to deference and reverting to an interventionist approach on the back of purported jurisdictional errors.

Keywords: Dunsmuir, Judicial Review, Administrative Law, Jurisdictionn, Deference

Suggested Citation

Fox-Decent, Evan and Pless, Alexander, Dunsmuir and Jurisdiction (February 20, 2018). Canadian Journal of Administrative Law & Practice: Special Issue -- A Decade of Dunsmuir (2018). Available at SSRN: https://ssrn.com/abstract=3248442

Evan Fox-Decent (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

HOME PAGE: http://www.mcgill.ca/law/about/profs/fox-decent-evan

Alexander Pless

McGill University ( email )

1001 Sherbrooke St. W
Montreal, Quebec H3A 1G5
Canada

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