Halsbury's Laws of Canada - Administrative Law

Description

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$135* per volume (ISBN: 9780433454946) OR purchase individual volumes at $280 each.

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Given the realities of the modern regulatory environment, the decisions of government tribunals, boards and agencies can often have as much practical impact as many judicial rulings. This makes a thorough grasp of the essential principles of administrative law increasingly necessary to properly protect client interests and understand issues of contemporary governance.

Halsbury's Laws of Canada - Administrative Law volume provides a straightforward and accessible discussion of the rules that govern the activities of administrative agencies of government in Canada. Examining the body of general principles which shape the exercise of powers by public authorities, this clear narrative is an ideal general reference for lawyers, jurists or academics seeking a basic statement of the law in this important area. Topics covered include:

• Jurisdictional issues
• Constitutional framework
  • Parliamentary sovereignty and limits on legislative powers
  • Power to appoint judges
  • Federal courts
  • Supremacy clause
  • Canadian Charter of Rights and Freedoms
• Delegation of legislative powers
  • Regulations and subordinate legislation
• Discretion and procedural fairness
• Independence and bias
• Judicial review
  • Judicial deference and intervention
  • General principles of jurisdiction
  • Statutory basis for review
  • Privative clauses
  • Nature of the legal question
  • Applicable standards
• Prerogative remedies
• Statutes relevant to administrative law

And much more.

Features

• Enhanced contents
  • A general table of contents to the level of chapter headings
  • A detailed table of contents to the level of clause headings
  • Detailed sectional contents set out within the commentary for each chapter and section
• References and abbreviations -an alphabetical listing of special references and abbreviations used in the volume, with an explanation of their meaning
• Selected secondary sources -setting out selected texts, articles, and other secondary sources pertaining to the subject that the reader may find to be relevant and helpful
• Glossary of definitions -identifying words and phrases defined in relevant legislation governing the exercise of statutory powers, and providing the text of the definition in each jurisdiction for easy reference. A valuable "quick reference" in a field marked by a wide variety of statutes promulgated across many jurisdictions

Plus

• Table of cases
• Table of statutes and statutory instruments
• List of related titles
• Index

Table of Contents

I. Overview of Administrative Law
1. Definition
2. Jurisdiction
3. Procedural Rights
4. Judicial Review

II. Constitutional Framework
1. General
2. Power to Appoint Judges
3. Federal Courts
4. Jurisdiction to Decide Constitutional Issues
5. Canadian Charter of Rights and Freedoms

III. Delegation of Legislative Powers
1. Delegation
2. Regulations and Subordinate Legislation

IV. Judicial Review
1. Jurisdictional Issues
2. Tribunals’ Exercise of Discretion
3. Requirement of Procedural Fairness
4. Requirement of Independence and Impartiality

V. Standards of Review
1. General
2. Determining the Standard
3. Available Standards

VI. Remedies
1. General
2. Bars to Judicial Review
3. Prerogative Remedies

VII. Statutory Framework
1. General
2. Alberta
3. British Columbia
4. Ontario
5. Quebec

Author/Contributor

Guy Regimbald, 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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