JUDICIAL REVIEW OF PUBLIC PROCUREMENT DECISIONS

Abstract

In recent decades, Canadian courts have become more open to reviewing public procurement decisions, but they have also sent mixed signals in this regard. This article surveys the development of Canadian administrative law in this area, distinguishing three periods: a time when Canadian courts generally refused to review public procurement decisions (from the late 19th century to around 1990); a tentative opening (from around 1990 to 2010); and the current period, since around 2010, a time of “doctrinal turbulence.” This article argues that current doctrinal controversies should be settled by making judicial review generally available with regard to procurement decisions, subject to the usual restrictions (such as the availability of alternative means of recourse).