Document Type

Article

Publication Date

2015

Source Publication

Supreme Court Law Review (2d). Volume 70 (2015), p. 145-163.

Abstract

Justice LeBel carved out a distinctive approach to Administrative Law, one characterized by the search for analytic coherence in a field defined by its diversity. Beginning with concurring judgements in Chamberlain (2002) and CUPE v. City of Toronto (2003), Justice LeBel took issue with the prevailing approach to the standard of review (both its methodology and application) on the grounds of coherence, predictability and workability. In Dunsmuir (2008), Justice LeBel was able to pursue the simplicity, transparency and coherence he believed necessary to reinvigorate Canadian Administrative Law. This study explores the evolution of Justice LeBel's vision of Administrative Law, and suggests that Justice LeBel may have achieved greater analytic clarity at the risk of glossing over the very contextual resonance he so ardently championed.

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Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

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