Developments in Administrative Law: The 2005-2006 and 2006-2007 Terms

Abstract

The 2005-2006 and 2006-2007 terms produced several noteworthy decisions in the area of administrative law, furthering administrative law jurisprudence in three key areas: the relationship between constitutional and administrative law, especially with respect to judicial review of exercises of administrative discretion that affect Charter rights and freedoms (Multani v. Commission scolaire Marguerite Bourgeoys); exclusive and concurrent jurisdiction (Tranchemontagne v. Ontario (Director, Disability Support Program) and Bisaillon v. Concordia University) and standard of review (Livis (City) v. Fraternite des policiers de Livis Inc. and Council of Canadians with Disabilities v. Via Rail Canada Inc.). Overall, there was a strong synergy between administrative law and human rights matters over the past two terms, with human rights issues driving many of the recent developments in the field.

Keywords: administrative law, jurisdiction, Charter review, exclusive and concurrent jurisdiction, standard of review, Supreme Court of Canada