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Judicial Deference to Administrative Tribunals in Canada: Its History and Future

This collection of commentaries critiquing the Supreme Court of Canada's jurisprudence on the principle of judicial deference offers an authoritative overview of the evolution and development of the doctrine.
by The Honourable Joseph Robertson (Author) , Peter Gall (Author) , Paul Daly (Author)
Publisher: LexisNexis Canada
Publication Language: English
Book
$145.00
Quantity

Softcover | 296 pages

In Stock
Published: September 30, 2014
ISBN/ISSN: 9780433478492
Publisher: LexisNexis Canada

Product description

Is the decision of an administrative tribunal owed deference on the review standard of "reasonableness"? What constitutes an "unreasonable" interpretation of Canadian law? What is the proper application of the deferential standard of review? In short – and based on the ongoing evolution of the deference doctrine – when is it appropriate for a reviewing court to intervene in a decision of an administrative tribunal?

These are just some of the issues that are addressed in this new volume of essays, Judicial Deference to Administrative Tribunals in Canada: Its History and Future. Written by three of the country's leading administrative law experts on the subject, this collection of commentaries critiquing the Supreme Court of Canada's jurisprudence on the principle of judicial deference offers an authoritative overview of the evolution and development of the doctrine.


Valuable insight
Rely on this volume to gain perspective on the development and current state of the principle of judicial deference in Canada. In particular, benefit from:
  • The expertise of the authors – a veteran member of the Bench, a leading practitioner and an esteemed scholar
  • In-depth research – this comprehensive resource traces the evolution and development of the judicial deference doctrine in Canada
  • A foreword by The Honourable Michel Bastarache – the former Supreme Court of Canada Justice responds to the critique of the Canadian judiciary's role in shaping the deference doctrine

Who needs this book
Judicial Deference to Administrative Tribunals in Canada: Its History and Future offers an unparalleled overview of the topic and would be a useful reference for:
  • Judges across Canada who require a proper understanding of the deference doctrine in order to review tribunal decisions effectively
  • Administrative law practitioners who need to have a good grasp of the evolution of the doctrine and recent approach of the judiciary so that they can better strategize when bringing tribunal decisions for review
  • Law school students and administrative law instructors who will benefit from this affordable guide on the evolution and development of the deference doctrine and its critique
 

Featured Authors

The Honourable Joseph Robertson
Peter Gall
Paul Daly

The Honourable Joseph Robertson

The Honourable Mr. Justice Joseph Robertson received his LL.B. from the University of New Brunswick and was admitted to the New Brunswick bar in 1977. The following year he obtained a Masters of Law from the London School of Economics and Political Science. In 1979, Justice Robertson began his teaching career as an Assistant Professor of Law at the University of New Brunswick. By 1989, he had been promoted to the rank of full Professor. In April 1992, he was appointed to the Federal Court of Appeal and in October to the Court Martial Appeal Court. On July 28, 2000, Justice Robertson was appointed to the New Brunswick Court of Appeal. As an intermediate appellate court judge, he has authored a number of administrative law decisions that have made their way to the Supreme Court, including: Canada v. Southam, [1997] 1 S.C.R. 748; Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190; and Communications, Energy and Paperworkers Union of Canada v. Irving Pulp & Paper Ltd., [2013] 2 S.C.R. 458.

View all books by The Honourable Joseph Robertson (1)

Peter Gall

Peter Gall, Q.C., is a senior partner with the law firm Gall Legge Grant & Munroe LLP in Vancouver, British Columbia, and is widely recognized for his expertise in general civil litigation, administrative law, constitutional law, and labour and employment law, both in the public and private sectors. He has acted as counsel before various administrative tribunals and at all levels of the courts, including several appearances before the Supreme Court of Canada. Mr. Gall has authored numerous articles on administrative, labour and constitutional law and has been an assistant professor at the University of British Columbia Law School, and an adjunct professor at Stanford, University of Victoria and University of British Columbia Law Schools.

View all books by Peter Gall (1)

Paul Daly

Paul Daly is Assistant Professor at the Faculty of Law, Université de Montréal. He completed his doctoral thesis at the University of Cambridge where he held a National University of Ireland Travelling Scholarship and a Modern Law Review Scholarship. Professor Daly also holds law degrees from University College Cork in his native Ireland, and the University of Pennsylvania Law School, which he attended as a Fulbright Scholar. Before moving to his present position, he worked at Lerners LLP in Toronto, one of Canada's leading litigation boutiques.

View all books by Paul Daly (2)

Table of contents

Table of Contents
  • Judicial Deference to the Decisions of Administrative Tribunals: A Guide to 60 Years of Supreme Court Jurisprudence by The Honourable Mr. Justice Joseph Robertson
  • Problems with a Faith-Based Approach to Judicial Review by Peter Gall
  • Unreasonable Interpretations of Law by Paul Daly
 

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