The Charter and Administrative Law Part II: Substantive Review

Evan Fox-Decent & Alexander Pless, The Charter and Administrative Law Part II: Substantive Review, in Administrative Law in Context, 3rd ed (Colleen Flood & Lorne Sossin eds., Forthcoming).

22 Pages Posted: 22 Sep 2017

See all articles by Evan Fox-Decent

Evan Fox-Decent

McGill University - Faculty of Law

Alexander Pless

McGill University

Date Written: September 20, 2017

Abstract

This chapter discusses 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. The chapter considers the Court's divided judgment in Loyola High School v Quebec (Attorney General), 2015 SCC 12, as well as the Ontario Court of Appeal's more recent decision in Gehl v Canada (Attorney General), 2017 ONCA 319, and the British Columbia Court of Appeal’s decision in Trinity Western University v The Law Society of British Columbia, 2016 BCCA 423. The authors discuss as well agency jurisdiction to apply the Charter to ordinary legislation, and conclude the chapter with a discussion of Charter remedies and R. v. Conway, 2010 SCC 22.

Keywords: administrative law, Canadian Charter, Doré, Loyola, Conway

Suggested Citation

Fox-Decent, Evan and Pless, Alexander, The Charter and Administrative Law Part II: Substantive Review (September 20, 2017). Evan Fox-Decent & Alexander Pless, The Charter and Administrative Law Part II: Substantive Review, in Administrative Law in Context, 3rd ed (Colleen Flood & Lorne Sossin eds., Forthcoming).. Available at SSRN: https://ssrn.com/abstract=3040211

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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