Product Description

Administrative Law: Cases, Text, and Materials, 8th Edition  offers a comprehensive and up-to-date review of administrative law in Canada with new case law and tribunal decisions, legislative updates, and recent policy developments.

The eighth edition includes an in-depth analysis of the Supreme Court of Canada’s 2019 Vavilov  trilogy, discussing its fundamental changes for judicial reviews and statutory appeals as well as its impact on lower courts. This edition provides an updated look at the remedies in administrative law (monetary, non-monetary and Charter) and the role of judicial discretion, the interpretation and application of statutory restrictions, judicial proposals for a public law approach to liability, and re-evaluations of existing principles of governmental liability.

Features

• Hyperlinked citations on CanLII (digital editions)
• Thorough coverage of the Supreme Court of Canada’s 2019 Administrative Law Trilogy—Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65, Bell Canada v Canada (Attorney General), 2019 SCC 66, and National Football League v Canada—and its fundamental changes to the framework for judicial reviews and statutory appeals
• A synthesis chapter examining the constitutional foundations and historical evolution of the standard of review analysis
• A more in-depth discussion on appellate standards of review that now apply on statutory appeals from the decisions of administrative tribunals
• Updated material on discretion and the review of discretionary decisions that engage the Canadian Charter of Rights and Freedoms
• New content on recent developments from the Federal Court of Appeal on whether jurisprudential guidelines fulfill the requirements of procedural fairness and independence (Canadian Association of Refugee Lawyers v Minister (Immigration, Refugees, and Citizenship), 2020 FCA 196; CanLii)
• Updated material on the duty to consult and accommodate, including the Supreme Court of Canada’s decision in Chippewas of the Thames, Mikisew Cree, and Clyde River and the Federal Court of Appeal’s decisions in Tsleil-Waututh and Coldwater

Table of Contents

Part I: Introduction
Chapter 1: The Administrative State and the Rule of Law
Chapter 2: The Role of Judicial Review

Part II: Procedures
Chapter 3: Fairness: Sources and Thresholds
Chapter 4: The Level and Choice of Procedures
Chapter 5: Bias and Lack of Independence
Chapter 6: Institutional Decisions
Chapter 7: Rulemaking
Chapter 8: The Duty to Consult and Accommodate Aboriginal Peoples

Part III: Substantive Review
Chapter 9: The Standard of Review
Chapter 10: Selecting the Standard of Review
Chapter 11: Applying the Standard of Review
Chapter 12: The Review of Discretionary Decisions
Chapter 13: Tribunals and the Constitution: Jurisdictions, Obligations, and Substantive Review

Part IV: Remedies
Chapter 14: Remedies for Unlawful Administrative Action
Chapter 15: Standing
Chapter 16: The Discretion of the Court
Chapter 17: Money Remedies