The Law of Regulatory Investigations
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"Most of administrative law focusses on judicial review of decisions after they have been made. But earlier in the process, there is frequently a need to conduct an investigation to determine the facts and whether a matter needs to go to adjudication. Administrative law does apply to investigations, but most of these cases are focussed on and immured in their particular statutory context without being placed in a comprehensive conceptual framework.
This text takes a multidisciplinary approach organized by legal issue rather than by individual regulatory context. It is not a comprehensive digest of every case decided in every context, but refers to illustrative cases for the purpose of establishing the applicable legal principles. The value of the book is giving an over-all understanding of the various steps in the investigative process, and the legal issues and constraints that can arise at those steps. While each organization will continue to need to pay close attention to the particular statutory or contractual requirements governing its ability to conduct an investigation, the conceptual grounding provided by this text supplies the foundation."
– From the Foreword by David Phillip Jones, K.C., de Villars Jones LLP, Edmonton
The book includes 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.
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
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