This work provides a conceptual framework for understanding the principles of administrative law
This text provides readers with a concise statement of the principles of administrative law. Rather than attempting to discuss the abundance of case law emanating from every Canadian jurisdiction, this work provides a conceptual framework for understanding the principles of administrative law, which readers may then apply to specific fact situations.
The work covers all important topics in the field, including constitutional considerations, the concept of a statutory delegate, the acquisition of jurisdiction, procedural fairness, discretionary powers, standards of review, and public and private law remedies against governmental action.
All of the major changes in constitutional and statute law and the leading cases over the last five years have been incorporated into the text including the following:
- Extensive review of the implications of the Supreme Court of Canada's decision in Dunsmuir, which attempted to simplify standards-of-review analysis by merging the two deferential standards into one ("reasonableness")
- Thorough updates to all chapters and extensive re-write of Chapter 16: Private Law Remedies and the Tort Liability of Public Authorities
- New commentary and analysis of all important SCC administrative law decisions since the 5th Edition, including:
- Alberta (Information and Privacy Commissioner) v. Alberta Teachers' Association: Reasonableness presumed to be the standard of review; "true questions of jurisdiction" are rare.
- Halifax (Regional Municipality) v. Nova Scotia (Human Rights Commission) : Marginalization of Bell (1971) to discourage courts from issuing prohibition to prevent a statutory delegate from purporting to exercise a jurisdiction it did not have, preferring instead to let the statutory delegate make the decision
- Newfoundland and Labrador Nurses' Union v. Newfoundland and Labrador Treasury Board: Inadequacy of reasons is not a stand-alone ground for judicial review as an aspect of procedural fairness, but part of the global determination
- B. C. (Workers' Compensation Board) v. Figliola and Penner v. Niagara (Regional Police Services Board) : Attempts to address the challenges of multi-forums