This course is an introduction to the body of law that governs administrative decision-making. The course does not focus on any single substantive area of law or policy but rather on foundational rules and principles that apply across a broad swath of administrative decision-making. Through administrative law processes, the executive branch of government implements legislative policy and delivers government services in diverse fields, including public health and safety, immigration, labour relations, social benefits, securities regulation, business licensing and approvals, communications and broadcasting, and environmental protection, just to name a few. Administrative law also incorporates the law and policy arising from adjudicative tribunals, such as landlord-tenant boards, immigration tribunals, or human rights tribunals, in addition to regulatory bodies that govern energy, transportation, communications, etc. Finally, administrative law also applies to the broader public sector, for example, municipalities, universities, schools, and hospitals. The course will examine the doctrines of procedural fairness (how administrative decisions are made, the entitlement of individuals to participate in decision-making that affects them, and impartiality and independence of decision-makers), and substantive review (the degree to which courts will review the merits or outcomes of administrative decisions). The appropriate relationship between courts and administrative tribunals and officers is an overarching concern. Students will develop an understanding of the executive and administrative processes of government and will appreciate some of the structural challenges and tensions inherent in designing a system of public decision-making predicated on the goals of both efficiency and justice. The course also includes a unit on the duty to consult and accommodate Aboriginal Peoples within administrative law. The material for this unit will be presented with reference to the historical context of cultural genocide, the legacy of residential schools and the Truth and Reconciliation Commission of Canada's calls to action. In thinking about administrative decision-making throughout the course, we will be attentive to questions about power. Whose power (individually and collectively) is enhanced or minimized through administrative law doctrines and processes; and what are the implications for law reform? Cross listed with LAW 427
This course is an introduction to the body of law that governs administrative decision-making. The course does not focus on any single substantive area of law or policy but rather on foundational rules and principles that apply across a broad swath of administrative decision-making. Through administrative law processes, the executive branch of government implements legislative policy and delivers government services in diverse fields, including public health and safety, immigration, labour relations, social benefits, securities regulation, business licensing and approvals, communications and broadcasting, and environmental protection, just to name a few. Administrative law also incorporates the law and policy arising from adjudicative tribunals, such as landlord-tenant boards, immigration tribunals, or human rights tribunals, in addition to regulatory bodies that govern energy, transportation, communications, etc. Finally, administrative law also applies to the broader public sector, for example, municipalities, universities, schools, and hospitals. The course will examine the doctrines of procedural fairness (how administrative decisions are made, the entitlement of individuals to participate in decision-making that affects them, and impartiality and independence of decision-makers), and substantive review (the degree to which courts will review the merits or outcomes of administrative decisions). The appropriate relationship between courts and administrative tribunals and officers is an overarching concern. Students will develop an understanding of the executive and administrative processes of government and will appreciate some of the structural challenges and tensions inherent in designing a system of public decision-making predicated on the goals of both efficiency and justice. The course also includes a unit on the duty to consult and accommodate Aboriginal Peoples within administrative law. The material for this unit will be presented with reference to the historical context of cultural genocide, the legacy of residential schools and the Truth and Reconciliation Commission of Canada's calls to action. In thinking about administrative decision-making throughout the course, we will be attentive to questions about power. Whose power (individually and collectively) is enhanced or minimized through administrative law doctrines and processes; and what are the implications for law reform? Cross listed with LAW 427
