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
Date Written: September 20, 2017
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: Suggested Citation