A User Friendly Guide to New Legislation

In remarks delivered in 2013 to the Council of Canadian Administrative Tribunals, Canada’s Chief Justice described a “revolution” in governance, from the traditional Rule of Law model to the regulatory state. In the traditional model, she said, “Parliament and the legislatures pass laws. The executive implements and enforces these laws. The courts, for their part, interpret and apply the laws”. In this model, the executive branch plays a “modest role”. In the new, more complex model, the legislature's “basic objects and provisions” are set out in a general statute but most of the “heavy lifting” is done by regulations, adopted by the executive branch of government under orders-in-council.

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