Le contrôle judiciaire comme technique de participation des citoyens aux choix énergétiques

The purpose of this paper is to show how judicial review has been used in the last ten years as a participatory technique by citizens and groups in the decision making process of administrative and political decisions dealing with energy exploitation and use. In a first part, the author makes the point that judicial review is unadopted to that purpose. A second part reviews the recent case law. That review brings the author to the conclusion that the judicial forum was, by and large, an inappropriate one as far as participation was the avowed goal of plaintiffs and petitioners. But, in the last part of the paper, the author affirms that despite all these short-comings, the use of judicial review was often positive not as a technique of participation but as one which did facilitate participation at a subsequent stage, due to the wide publicity and comments, judicial and extrajudicial, surrounding the proceedings

La mise en oeuvre de l’Accord de libre-échange entre le Canada et les États-Unis en droit interne : 1988-1991

L'Accord de libre-échange entre le Canada et les États-Unis n'étant en vigueur que depuis trois ans, son influence commence seulement à se faire sentir dans la pyramide de l'ordre juridique interne. Le but du présent article est défaire un bref bilan de la réception de l'Accord en droit interne et de voir comment le travail des juristes s'en trouve influencé.Since the Canada-United States Free Trade Agreement has only been in force for three years now, its impact is only beginning to be felt in domestic legal affairs. The purpose of this article is to draw up a brief account of how the Agreement has been received in domestic law and how the work of legal specialists has been influenced

Les erreurs de droit dans l'exercice d'une compétence

In this paper, the author deals with the legal foundations of judicial control over errors of law allegedly committed by administrative authorities. The paper also considers the scope of error of law on the face of the record as a ground of review. More specifically, the author has examined all the decisions rendered by the Quebec Court of Appeal, the Federal Court, and the Supreme Court of Canada in 1980 and 1981 where there was an allegation of error of law. From this statistical analysis, the author describes and explains the different, and seemingly contradictory, results achieved by these different jurisdictions. The author adds some comments on the constitutionality of privative clauses excluding judicial review of non-jurisdictional errors of law