Cases Considered: Searles v.
Government compensation payable to physicians in
Author: Shaun Fluker Page 36 of 37
B.Comm. (Alberta), LL.B. (Victoria), LL.M. (Calgary).
Associate Professor.
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Cases Considered: Imperial Oil Resources Ventures Limited v. Pembina Institute for Appropriate Development et al, 2008 FC 598
PDF Version: Federal Court upholds nullification of Kearl oil sands authorization
The Federal Court’s decision in Pembina Institute for Appropriate Development v.
Please be advised that the Department of Fisheries and Oceans is of the view that, as a result of the Honourable Madam Justice Tremblay-Lamer’s decision, the Authorization for Works or Undertakings Affecting Fish Habitat and the Authorization to Destroy Fish by any means other than Fishing (ED-03-2806) which was issued by the Minister of Fisheries and Oceans pursuant to subsection 35(2) of the Fisheries Act to Imperial Oil Resources Ventures Limited on
Cases Considered: Dunsmuir v.
PDF Version: Dunsmuir: Much Ado about Nothing
The majority judgment in Dunsmuir, written by Justices Bastarache and Lebel JJ. (writing also for Fish, Abella, and McLachlin JJ.), begins by setting out its grandiose intention to re-examine judicial review principles in Canadian administrative law with the view to making them more workable and coherent. In an initial glance, one is immediately struck by how such an immense and significant task is built upon a seemingly insignificant set of facts. The appellant, a former non-unionized provincial employee who was dismissed with pay in lieu of notice, sought to uphold a grievance arbitrator’s ruling that his employment be reinstated. In dismissing the appeal, the Supreme Court judgment follows that of both the New Brunswick Court of Queen’s Bench and Court of Appeal. One cannot also help but notice that in purporting to reformulate the pragmatic and functional approach to substantive judicial review, Dunsmuir consists of three concurring but inconsistent sets of reasons. Indeed, it is difficult to envision Dunsmuir as a defining moment in Canadian administrative law along the lines of CUPE Local 963 v.
Cases Considered: Real Estate Council of Alberta v. Henderson, 2007 ABCA 303
On March 27, 2008 the Supreme Court of Canada denied Henderson leave to appeal. This result is not surprising given that the Alberta Court of Appeal characterized the issue in Henderson as seemingly straightforward statutory interpretation. However, the denial of leave is disappointing as the case is now an opportunity lost for judicial consideration into the merits of an administrative decision-maker impeaching its own decision.
For the original post on Henderson, click here.
By: Shaun Fluker
Case Commented On: Pembina Institute for Appropriate Development v Canada (Attorney General), 2008 FC 302
In late 2006, media attention in Alberta was directed to the Regional Municipality of Wood Buffalo, home to the Alberta oil sands and boom town Fort McMurray as the modern rendition of the 1800s frontier gold rush. Apparently, the Municipality was about to cook the goose that had laid the golden egg.