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23 March 2015

Arvay, Hern and Latimer Publish in Canadian Journal of Administrative Law and Practice

In their article entitled “Proportionality and the Public Law”, Farris litigators Joseph Arvay, Q.C., Sean Hern and Alison Latimer trace the emergence of proportionality as the animating feature of Charter rights and Charter values analysis as well as its emergence in Aboriginal law. They argue, with reference to developments in Canadian administrative law jurisprudence and the jurisprudence that had developed in other jurisdictions, that the same principle should drive administrative legal analysis either by weaving the principle of proportionality into existing administrative law doctrines or, better yet, as a new stand-alone doctrine of proportionality as the fundamental norm in judicial review of administrative action.

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