Overview

With in-depth and well-framed discussion of the principles of administrative law, the sixth edition carries on the scholarly legacy and pedagogical standards of this respected casebook. The work covers all of the 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.

For instructors who adopt the case-analysis approach to this course, the sixth edition of Administrative Law is the most current and authoritative learning resource available for Canadian law students.

TopFeatures

• Maintains the approach and integrity of the previous editions.
• Careful editing reduces its overall length by 10 percent.
• Provides wider coverage of statutory material and post-Dunsmuir appellate court decisions from different provinces.
• Reconfigures the chapters on procedural fairness and substantive review to emphasize a step-by-step analytical framework followed by historical background and contextual discussion; converts some long chapters into several shorter chapters; incorporates Chapter 3 (constitutional basis for judicial review) into a later chapter on privative clauses as a Dunsmuir factor.
• Revises content on substantive review to reflect the Dunsmuir framework and recent decisions implementing that framework at the appellate level, while maintaining seminal cases in the historical background.
• Revises content on procedural fairness to incorporate recent examples of specific procedural content, such as Pritchard, May v. Ferndale Institution, and the Charkaoui decisions, and indicates more clearly at the outset the different sources of procedural rights and their thresholds.
• Updates material on the jurisdiction of administrative tribunals to apply the Charter by reference to Martin & Laseur and to Tranchemontange.
• Incorporates new material on significant evolutions in the law governing liability for misfeasance in public office and the negligence/extra-contractual liability of statutory authorities.
• The text has been made as complementary as possible to Flood and Sossin, Administrative Law in Context (EMP, 2008), allowing instructors to select chapters from the two texts in designing their course material.

Top ∧Content Summary

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 Content of Procedural Fairness
• Chapter 5: Bias and Lack of Independence
• Chapter 6: Institutional Decisions
• Chapter 7: Rulemaking

Part III: Rulemaking

• Chapter 8: The Standard of Review
• Chapter 9: Privative Clauses and Statutory Rights of Appeal
• Chapter 10: Expertise and Statutory Purpose
• Chapter 11: The Nature of the Question
• Chapter 12: Jurisdictional Questions and the Origin of the Standard of Review Analysis
• Chapter 13: Applying the Standard of Review
• Chapter 14: The Jurisdiction of Tribunals and the Constitution
• Chapter 15: The Use and Misuse of Discretion

Part IV: Remedies

• Chapter 16: Remedies for Unlawful Administrative Action
• Chapter 17: Standing
• Chapter 18: The Discretion of the Court
• Chapter 19: Money Remedies