Administrative Law in Canada, 6th Edition
In the sixth edition of Administrative Law in Canada, author Sara Blake explains the latest developments relating to the powers and procedures of the many and varied public officials, boards and agencies that exercise statutory authority. Advice and insights apply to environmental, immigration, labour and employment, municipal, professional discipline, and all other areas of administrative law.
Whether you serve on a tribunal, make decisions pursuant to statutory powers or appear in proceedings before tribunals, you'll find information to make your job easier:
- Where do I find the rules of the game?
- What kind of notice and disclosure should be given to persons who will be affected by the decision?
- What evidence should a tribunal consider in making its decision?
- How does the tribunal make its decision?
- What is the scope of the tribunal's decision-making powers?
- How should I proceed if I believe a tribunal may be biased against me?
- How do I apply to a court for judicial review of a tribunal decision?
- What standard of review must I meet to persuade the court to set aside the tribunal's decision?
- What remedies may be awarded by the court?
What's New in this Edition?
Thoroughly updated with new case law references allowing readers to stay abreast of development and changes with respect to procedure before Administrative tribunals and on appeal and judicial review. Includes updates to all aspects of procedural fairness, evidence disclosure and fact finding, discretion and bias and more specifically on the following topics:
- Standard of Review on Appeal – New section explains how to determine the standard of review to be applied by a tribunal that has a statutory mandate to review or hear an appeal from another statutory decision maker. It explains why the reviewing tribunal should not apply the standards developed by the courts for judicial review and appeal, and sets out the factors to be considered in determining the standard to be applied
- Reconsideration of Decisions – Updated and re-written to better reflect the significant differences in the statutory authority of tribunals to reconsider decisions. It explains the scope of the authority under each type of statutory authority and in the absence of statutory authority
- Regulatory Overlap and Re-litigation – Re-written to better explain the purposes of regulatory overlap and how two tribunals can effectively regulate while respecting the authority of each other and avoiding unnecessary duplication of proceedings. It includes discussion of the important principles at play and how to balance and apply them in a variety of contexts
- Evidence on Appeal – Re-written to better explain the evidentiary differences between an appeal to court and an appeal to a statutory tribunal. It also discusses the nature of a hearing before an appeal tribunal and the extent to which the evidentiary record may be supplemented
- Grounds of Appeal – New discussion on the types of issues that may be raised on appeal, including discussion of the typical statutory restrictions on the types of issues that may be raised and decided on appeal
- Standing of the Tribunal on Judicial Review – Significantly revised and updated to discuss the principles and factors that are now applied to determine the extent of tribunal standing on judicial review, so as to reflect the changes in the law resulting from the 2015 Supreme Court of Canada decision in Ontario (Energy Board) v. Ontario Power Generation Inc.
- Coverage of Supreme Court of Canada decisions concerning the role of the Charter in administrative law (R. v. Conway, R. v. Dore)
Practical and Easy-to-Understand Writing and Guidance for
- Non-lawyer participants, including tribunal members and parties before tribunals, who need straightforward answers to their questions
- Lawyers and judges seeking a source for quick answers to questions as they arise, plus up-to date case references as a starting point for research
- Students in administrative law courses, as well as law clerk and paralegal courses, who need to understand how the tribunal process works
Table of contents
Table of Cases
Table of Statutes
Part I: Proceedings Before the Tribunal
Chapter 1: Introduction
Chapter 2: Tribunal Procedure
Chapter 3: Discretion and Bias
Chapter 4: Decision-making Powers
Chapter 5: Rule Making Powers
Part II: Review of Tribunal's Action
Chapter 6: Appeals from Tribunal Decisions
Chapter 7: Judicial Review Procedure
Chapter 8: Scope of Judicial Review
Chapter 9: Judicial Remedies