An Update on Administrative Law: the Supreme Court of Canada in 2022

39 Pages Posted: 7 Nov 2022

See all articles by Paul Daly

Paul Daly

University of Ottawa - Common Law Section

Date Written: October 17, 2022

Abstract

This paper focuses on the Supreme Court of Canada’s 2022 administrative law jurisprudence.

This year marked Canada’s apex court’s return to the administrative law scene after a couple of years of relative silence.

The most significant decision of the year came in Abrametz: the analysis there of “undue delay” is considered below in detail in Part 1.

Abrametz also featured discussion of the standard of review, of questions of procedural fairness; and in Entertainment Software Association, a majority of the Court added glosses to the Vavilov framework. The long-term implications of these decisions are considered in Part 2: frankly, these are difficult to determine, though two upcoming appeals are likely to shed further light on the long-term future of substantive review in Canadian administrative law.

In Part 3, I consider three decisions which touch on the place of administrative tribunals in Canada’s legal order: Entertainment Software Association provides guidance on the use of international law; whilst the decisions in Sullivan and Bissonnette indicate that the constitutional status of Canadian administrative tribunals is on the rise.

Keywords: Supreme Court of Canada, administrative law, 2022, judicial review, undue delay

Suggested Citation

Daly, Paul, An Update on Administrative Law: the Supreme Court of Canada in 2022 (October 17, 2022). Available at SSRN: https://ssrn.com/abstract=4250315 or http://dx.doi.org/10.2139/ssrn.4250315

Paul Daly (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

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