Life After Vavilov? The Supreme Court of Canada and Administrative Law in 2021

Abstract

In this paper, I review the Supreme Court of Canada's 2021 administrative law jurisprudence.

I discuss the appellate standard of review; the Supreme Court’s teachings on s. 96 of the Constitution Act, 1867; the public/private divide established by the Supreme Court’s recent jurisprudence (and how to dismantle it); and the administrative law implications of the carbon tax references.