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The Law of Regulatory Investigations

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. It 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.
Publication Language: English
Book
$195.00
Quantity

Hardcover | Approx. 300 pages

This Product is on PreOrder
Published: March 31, 2023
ISBN/ISSN: 9780433514633

Product description

"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.

 

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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