Table of Contents
Foreword to Third Edition
Foreword to the Second Edition
Foreword to the First Edition
Preface
Table of Cases
A Historical Map for Administrative Law: There be Dragons
I.Introduction
Part 1: The Origins of Administrative Law
II.The Beginnings of Administrative Law
III.The Constitution
IV.The Expansion of Formal Post-Colonial Government
V.Conflicts and Tensions in Theories of Administrative Law and the Source of Dragons
VI.From a Focus on Remedies to a Focus on Review
VII.Section 96 and the Courts' Constitutional Right to Review Administrative Decisions
Part 2: An Introduction to Modern Administrative Law
VIII.Where to Start?
IX.Review for Procedural Fairness
X.Substantive Review: The Standard of Review and Application
XI.Conclusion
Suggested Additional Readings
Remedies in Administrative Law: A Roadmap to a Parallel Legal Universe
I.Introduction
II.Remedial Options at the Tribunal Stage
III.Enforcing Tribunal Orders Against Parties
IV.Challenging Administrative Action Without Going to Court
V.Conclusion
Suggested Additional Readings
Realizing Aboriginal Administrative Law
I.Introduction
II.Administrative Law as Arbiter Between Indigenous Peoples and the Crown
III.Recognizing and Implementing Aboriginal Rights
IV.Administrative Law in Indigenous Governance
V.Conclusion
Administering the Canadian Rule of Law
I.The Rule of Law Legally, Practically, and Theoretically
II.Deference as Respect: The Canadian Model of Administrative Law
III.Other Routes to Accountability in the Administrative State
IV.Conclusion: A Democratic Rule of Law in the Administrative State
Recap: The Vocabulary of Administrative Law
Suggested Additional Readings
The Principles and Practices of Procedural Fairness
I.Introduction
II.The Principles of Fairness
III.The Practices of Procedural Fairness
IV.Challenging Unfairness
V.Conclusion
The Charter and Administrative Law Part I: Procedural Fairness
I.Introduction
II.Procedural Fairness and the Principles of Fundamental Justice
III.Conclusion
Suggested Additional Readings
The Dynamics of Independence, Impartiality, and Bias in the Canadian Administrative State
I.Introduction
II.Sources of the Guarantee of an Independent and Impartial Tribunal
III.What Is "Tribunal Independence" and Why Is It Important?
IV.The Development of the Law of Tribunal Independence in Canada
V.Reasonable Apprehension of Bias
VI.Conclusions
Suggested Additional Reading
Delegation and Consultation: How the Administrative State Functions and the Importance of Rules
I.Introduction
II.Why Do Legislatures Delegate to Administrative Decision-Makers?
III.The Risks of Delegation
IV.Allocating Power and Controlling Risks
V.The Search for a Balance
Fairness in Context: Achieving Fairness Through Access to Administrative Justice
I.Introduction
II.Access to Administrative Justice: The Tribunal
III.Access to Administrative Justice: Information and Knowledge
IV.Access to Resources Needed to Navigate the Tribunal System
V.Conclusions
Crown Liability for Negligent Administrative Action
I.Introduction
II.Liabilty of Public Authorities-Basic Principles
III.Conclusion
Standard of Review: Back to the Future?
I.Introduction
II.The Prequel
III.The Blockbuster: CUPE v New Brunswick Liquor Corporation
IV.The Sequels
V.Pragmatic and Fundamental Redux: Pushpanathan v Canada
VI.Dunsmuir: And Then There Were Two
VII.Spin-Offs
VIII.Review of Standard of Review: Past as Prologue
Suggested Additional Readings
Making Sense of Reasonableness
I.Introduction
II.Getting to Reasonableness
III.Dunsmuir Reasonableness
IV.Conclusion: Making Sense of Reasonableness
Suggested Additional Readings
The Charter and Administrative Law Part II: Substantive Review
I.Introduction
II.Agency Jurisdiction over the Charter
III.Conclusion
Suggested Additional Readings
Top Ten Questions (and a Few Answers) About Substantive Review
I.Introduction
II.Selecting the Appropriate Standard of Review
III.Applying Correctness and Reasonableness Review
IV.Conclusion: Substantive Review, What Is It Good For?
Making a Federal Case Out of It: The Federal Court and Administrative Law
I.Introduction
II.Structure and Jurisdiction of the Federal Courts
III.Judicial Review Before the Federal Courts
IV.Conclusion
International Human Rights Norms and Administrative Law
I.Introduction
II.A Short Introduction to International Human Rights Law
III.Rules of Reception of International Law
IV.International Human Rights Norms and the Substantive Review
V.International Human Rights Norms and the Procedural Review
VI.Conclusion
Suggested Additional Readings