Administrative law | Page 6


Canada’s Bi-Polar Administrative Law: Time for Fusion

Canadian judicial review of administrative action is structured around two poles: substantive review and procedural review. On matters of substance, the administrative decision maker is generally accorded deference by the reviewing court. On matters of procedural fairness, the court accords no deference, and determines the “correct” process. The author argues that this distinction is indefensible […] Read more


Prescribing Greater Protection for Rights : Administrative Law and Section 1 of the Canadian Charter of Rights and Freedoms

Abstract Canadian courts have struggled to interpret the “prescribed by law” requirement contained in section 1 of the Charter of Rights and Freedoms. Indeed, they have frustrated the achievement of its three functions: furthering the rule of law; heightening accountability; and providing additional protection for the individual. The flawed analytical framework set out by the […] Read more


Furthering Substantive Equality through Administrative Law: Charter Values in Education

Abstract Recent decisions in the realm of Canadian public law have opened the door to Charter values. Administrative decision-makers must have regard to these values when making decisions. Through the use of a fictional example this paper is intended provide a guide for laypersons, lawyers, judges, administrators, arbitrators and academics on how to further substantive […] Read more

Judicial and administrative training

Canada’s Least Wanted: The Two Perspectives of the Administrative Lawyer

Abstract Taking a leaf out of a book first written by the FBI, the federal government has tasked the Canada Border Services Agency with the preparation and maintenance of a ‘Most Wanted’ list. The CBSA list bears some resemblance to that of the FBI: on it feature individuals, complete with photographs and short biographies, judged […] Read more