The Charter and Administrative Law: Cross-Fertilization or Inconstancy?
Administrative Law in Context, Colleen Flood & Lorne Sossin, eds., p. 407, Edmond Montgomery, 2013
42 Pages Posted: 9 Jan 2014 Last revised: 21 Nov 2015
Date Written: May 15, 2013
This chapter discusses the evolving relationship between administrative law and the Charter in Canadian public law. The chapter is divided into three parts. The first part deals with procedural fairness and the principles of fundamental justice in s. 7 of the Charter. The second part addresses the Supreme Court of Canada's various approaches to Charter rights touched by administrative decision-making, including the approach announced in Doré v. Barreau du Québec, 2012 SCC 12. Doré is by far the most significant change in the material covered by this chapter since the publication of the first edition of Administrative Law in Context in 2007. Consequently, this part of the chapter has been entirely re-written to take account of Doré and discuss the new puzzles it raises. The third part of the chapter discusses agency jurisdiction to apply the Charter to ordinary legislation. This section includes analysis of the important case R. v. Conway, 2010 SCC 22, which sets out a framework for determining remedies under s. 24(1) of the Charter.
Keywords: Canadian Charter, Charter, administrative law, charter rights, Doré, Conway, Singh, Charkaoui
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