Waiting for Godot: Canadian Administrative Law in 2019

Abstract

The first half of my “year in review” paper covers the Supreme Court’s much-anticipated trilogy of decisions on the standard of review of administrative action (Part I); some of the key points at issue in the trilogy which have been addressed recently by Canadian courts (Part II); and the Court’s 2019 administrative law jurisprudence, such as it is (Part III). The remaining Parts of my paper focus on first-instance and appellate jurisprudence (and occasional political controversies) relating to three broad themes: the role of the Federal Courts (Part IV), the role of the superior courts (Part V) and the role of administrative tribunals, with a particular emphasis on independence (Part VI).

Briefly, the major themes are, first, that the Trilogy threatens to underwhelm, especially in light of the last year of Supreme Court of Canada administrative law jurisprudence, which has been characterized by a tendency to overlook points of general importance raised by public law litigation. Second, although standard of review continues to dominant Canadian discussions about administrative law, there are important issues relating to the role of the federal courts, the superior courts and administrative tribunals which are likely to occupy the Supreme Court of Canada and the country’s administrative law community in the coming years.