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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

Evan Fox-Decent

McGill University - Faculty of Law

Alexander Pless

McGill University

Date Written: May 15, 2013

Abstract

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

Suggested Citation

Fox-Decent, Evan and Pless, Alexander, The Charter and Administrative Law: Cross-Fertilization or Inconstancy? (May 15, 2013). Administrative Law in Context, Colleen Flood & Lorne Sossin, eds., p. 407, Edmond Montgomery, 2013. Available at SSRN: https://ssrn.com/abstract=2376060

Evan Fox-Decent (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

HOME PAGE: http://www.mcgill.ca/law/about/profs/fox-decent-evan

Alexander Pless

McGill University ( email )

1001 Sherbrooke St. W
Montreal, Quebec H3A 1G5
Canada

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