The Law of Regulatory Investigations in Canada
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Administrative decision making has become the principal manifestation of state power in the lives of Canadians. Most administrative law texts focus on the adjudicative phases of regulatory processes. However, regulatory investigations are a much more prominent part of the overall regulatory machinery and give rise to complex and important legal issues. This book focuses on addressing those regulatory investigation regimes.
A Novel Approach
Written by a team of administrative law experts, The Law of Regulatory Investigations in Canada is unique in that it offers a multi-disciplinary approach to this important topic. While there are vast differences in the regulatory statutory frameworks that govern various regimes – such as professional discipline or occupational health and safety – the administrative law issues that arise in investigations tend to be similar, regardless of the particular regime.
As a result, this text is organized by legal issue and covers a wide range of regulatory contexts, including professional discipline, police discipline, securities, financial regulation, environmental, occupational health and safety, privacy, human rights and competition law. This multi-disciplinary approach provides an effective framework for a comprehensive analysis and synthesis of legal issues that arise in regulatory investigations generally.
In addition, the authors have included a useful constitutional framework that offers valuable insight into when the Canadian Charter of Rights and Freedoms does – and does not – apply to regulatory investigations. This information will be particularly helpful for those who are not experts in Charter issues.
Finally, the book also features a comprehensive chapter on delay in administrative proceedings, including an extensive analysis of the impact of the Supreme Court of Canada’s recent decision in Law Society of Saskatchewan v. Abrametz.
An Indispensable Volume
The intuitive organization of this volume by legal issue makes it accessible and easy to use. The Law of Regulatory Investigations in Canada will be an excellent acquisition for:
- Law firms in general and administrative lawyers in particular as this important new text focuses on investigations – a key area in regulatory processes that often gives rise to complex legal issues
- Regulatory agencies and professional regulators as they encounter administrative law issues in their investigative processes and would benefit from this expert guidance
- Investigator companies as they conduct the regulatory investigations and can refer to the volume for direction when legal issues arise
- Law libraries who want to provide a comprehensive collection to their patrons
Table of contents
Chapter 1: Introduction
Chapter 2: Jurisdiction and Statutory Compliance
Chapter 3: The Canadian Charter of Rights and Freedoms
Chapter 4: Duty to Cooperate
Chapter 5: Interim Orders
Chapter 6: Investigative Powers
Chapter 7: Confidentiality, Privacy and Privilege
Chapter 8: Procedural Fairness and Reasonable Apprehension of Bias
Chapter 9: Parallel Investigations and Proceedings
Chapter 10: Delay in Administrative Proceedings
Chapter 11: Challenges to Investigative Decisions