In the seventh edition of Administrative Law in Canada, author Sara Blake explains in plain language the latest developments relating to the powers and procedures of the many and varied public officials, boards and agencies that exercise statutory authority. Advice and insights apply to environmental, immigration, labour and employment, municipal, professional discipline, and all other areas of administrative law.
Whether you serve on a tribunal, make decisions pursuant to statutory powers or appear in proceedings before tribunals, you'll find information to make your job easier:
- Where do I find the rules of the game?
- What kind of notice and disclosure should be given to persons who will be affected by the decision?
- What evidence should a tribunal consider in making its decision?
- How does the tribunal make its decision?
- What is the scope of the tribunal's decision-making powers?
- What should I do if I believe a tribunal may be biased against me?
- How do I appeal or apply to a court for judicial review of a tribunal decision?
- What standard of review must I meet to persuade the court to set aside the tribunal's decision?
- What remedies may be awarded by the court?
What's New in this Edition?
Thoroughly updated with new case law references allowing readers to stay abreast of development and changes with respect to procedure before Administrative tribunals and on appeal and judicial review. Includes updates to all aspects of procedural fairness, evidence disclosure and fact finding, discretion and bias and on the following topics:
- Statutory interpretation guide – New easy-to-follow step-by-step method of statutory interpretation that, in most circumstances, will meet the Supreme Court of Canada’s requirement to justify an interpretation
- Standard of Review on Appeal – Includes the recent significant change in the standard of review applied on appeal to a court. Explains why an appellate tribunal should not adopt a judicial standard of review and how to analyze the statute to determine the standard of review that should be applied
- Standard of Review on Judicial Review – New explanation of how the latest judicial standard of review applies to each ground of review
- Tribunal Independence and Expertise – New discussion of the risk of a loss of tribunal expertise that can result from isolation caused by the trend towards tribunal independence from government and the regulated sector
- A Tribunal may Change its Mind – Revised discussion of the variety of circumstances in which a tribunal may depart from its prior decisions on questions of law and policy
- Supreme Court of Canada decisions concerning the standards of review on appeal and judicial review of statutory decisions (Vavilov and subsequent SCC decisions)
Table of Contents
Table of Cases
Table of Statutes
Part I: Proceedings Before the Tribunal
Chapter 1: Introduction
Chapter 2: Tribunal Procedure
Chapter 3: Discretion and Bias
Chapter 4: Decision-making Powers
Chapter 5: Rule Making Powers
Part II: Review of Tribunal's Action
Chapter 6: Appeals from Tribunal Decisions
Chapter 7: Judicial Review Procedure
Chapter 8: Scope of Judicial Review
Chapter 9: Judicial Remedies