The Friday Brief: Editor-in-Chief’s must-read items from this week
Friday, December 20, 2019 @ 3:21 PM | By John Carson
SCC rewrites standard of review framework for administrative law in landmark trilogy
In a bid to enhance clarity, predictability and access to justice in a muddled area of law that impacts many Canadians, seven of nine judges of the Supreme Court of Canada have collaborated to devise a new standard of review framework which emphasizes that courts should presumptively exercise deference when overseeing administrative decision makers, while also retaining “limited” scope for correctness review.
Bar lauds new Liberal plan to fix miscarriages of justice but slams inaction on mandatory penalties
Lawyers are expressing disappointment that fixing mandatory minimum penalties (MMPs) is not on the federal government’s new list of justice priorities, but they are also welcoming Liberal commitments to stump up more cash to hire judges and Crowns and to create an independent body to review allegedly wrongful convictions.
Ryerson’s new dean sets building admissions, hiring faculty as priorities
The appointment as the founding dean of Ryerson University’s new Faculty of Law is more than just a job to Donna Young; it’s an opportunity to come home.
Dilemma of maternity leave | Leena Yousefi and Julianne Yeager
This article is written by two mothers who are also lawyers. This is not an article about feminism. This is an article about the harsh reality female lawyers face when they decide to have a child.
Standard of review post-Dunsmuir: Reasonable or incorrect? | Heather MacIvor
In spring 2018 the Supreme Court of Canada signalled a seismic change in its jurisprudence on administrative law. It granted leave to hear three appeals — two of which were later merged into one — and invited submissions on the standard of review. The appeals were heard in December 2018, and the decisions finally issued on Dec. 19, 2019, (Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65, and Bell Canada v. Canada (Attorney General) 2019 SCC 66).
John Carson is the Publisher and Editor-in-Chief of The Lawyer's Daily.