Administrative Law

Under the IRPA and after Irving: The Right to Standing before the Federal Court for Canadian Children Seeking to Challenge Their Parents’ Deportations

Publications

By: Hilary Evans Cameron & Josh Stark “Under the IRPA and after Irving: The Right to Standing before the Federal Court for Canadian Children Seeking to Challenge Their Parents’ Deportations” explores the challenges faced by Canadian children attempting to gain standing in Federal Court to challenge their parents’ deportation under the Immigration and Refugee Protection Act (IRPA). Through case law analysis and a focus on the IRPA’s evolving interpretation, it advocates for a legal system […]

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Substantial deference and tribunal expertise post-Dunsmuir: A new approach to reasonableness review

Publications

By: Hilary Evans Cameron The Supreme Court recently made clear that judges applying the unified reasonableness standard of review developed in Dunsmuir v New Brunswick should not approach different types of tribunal decisions with different levels of difference. This has created more problems than it has solved. This paper argues that the law should instead recognize that, within the reasonable standard, some tribunal decisions are owed more deference than others. Specifically, the law should distinguish

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