Canadian Administrative Law

Description

The New Definitive Treatise on Administrative Law in Canada

Administrative law is among the most vital and controversial aspects of the Canadian legal system, especially in the wake of recent landmark Supreme Court decisions Dunsmuir and Proprio Direct Inc. that have redefined the Standard of Review. The need to fully understand the nuances of this segment of the law grows more important as the lives of the public are increasingly touched by government regulation.

An expert in the areas of administrative law, constitutional law and government relations, author Guy Regimbald brings his immense practical expertise in these subjects to a definitive treatise from Butterworths, Canadian Administrative Law. Lawyers, judges, administrative tribunal members and students will find this an indispensable tool when navigating through the contentious area of administrative law.

Features and Benefits

With in-depth discussion and explanation of the important principles in this area of the law, readers are provided with:

• Expert analysis - comprehensive coverage of the key aspects of administrative law, including procedural fairness, bias, impartiality, jurisdiction, discretion and the standards of review
• Invaluable practical tips - including an in-depth discussion of the relationship between constitutional and administrative law in Canada
• Relevant case law - including a complete analysis of the new law of standard of review of administrative tribunals, rewritten as a result of the recent Supreme Court of Canada decisions Dunsmuir and Proprio Direct Inc.
• Research tools - a table of cases and topical index which will greatly reduce the work necessary when researching specific cases

Understanding the Key Issues

The most current Canadian treatise produced on this topic to date, Canadian Administrative Law helps readers from coast-to-coast understand:

• The theoretical foundations of judicial review and how they are supported by the constitution
• The powers of the administrative decision maker and how they compare to those of the courts
• Why and under what circumstances administrative decision makers determine both constitutional and jurisdictional issues
• The new standard of review, which has been drastically altered by recent Supreme Court of Canada decisions Dunsmuir and Proprio Direct Inc.

An Indispensable Tool For

• Canadian administrative lawyers - who require the most current information and relevant citations related to this contentious area of the law
• Canadian practitioners - who need to understand the principles of administrative law when appearing before a board or tribunal
• Canadian constitutional lawyers - who will benefit greatly from the discussion of the relationship between administrative and constitutional law
• Canadian judges and administrative tribunal decision-makers - for valuable assistance in applying administrative law principles when rendering decisions
• Administrative law students - who need to grasp the importance and fundamentals of administrative law within Canada

Table of Contents

Chapter 1: Introduction
Chapter 2: Relationship Between Constitutional Law and Administrative Law
Chapter 3: Delegation and Regulation-Making
Chapter 4: Jurisdiction
Chapter 5: Discretion
Chapter 6: Procedural Fairness/Audi Alterem Partem
Chapter 7: Impartiality, Bias and Independence/Nemo Judex in Causa Sua
Chapter 8: Standards of Review
Chapter 9: Remedies
Author/Contributor

Guy Régimbald, LL.B., B.C.L. (Hons.)

Guy Régimbald, LL.B., B.C.L. (Hons.), is an Ottawa-based associate in the Advocacy Department of Gowling Lafleur Henderson LLP. He practises mainly in the areas of constitutional law, administrative law and Government relations. Mr. Régimbald had the opportunity to argue, with success, one of the most recent cases in the area of administrative law in Société de l'assurance automobile du Québec v. Cyr, 2008 SCC 13. Previously, Mr. Régimbald clerked for The Honourable Mr. Justice Marshall Rothstein and The Honourable Mr. Justice John C. Major of the Supreme Court of Canada, as well as for The Honourable Mr. Justice Marc Noël at the Federal Court of Appeal. He received his B.C.L. first class honours (Master’s in Law) from the University of Oxford. He also earned his LL.B. from the University of Ottawa, where he graduated first of his class in French common law, and was the recipient of several academic awards.

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