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Developments In Administrative Law: The 2005-2006 And 2006-2007 Terms, Laverne Jacobs
Developments In Administrative Law: The 2005-2006 And 2006-2007 Terms, Laverne Jacobs
Law Publications
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 …
Developments In Administrative Law: The 2004-2005 Term, Laverne Jacobs
Developments In Administrative Law: The 2004-2005 Term, Laverne Jacobs
Law Publications
In this article, the administrative law decisions rendered by the Supreme Court of Canada during the 2004-2005 term are reviewed. These decisions addressed four major issues: i) exclusive and concurrent jurisdiction between competing adjudicative bodies; ii) the right to independent adjudication; iii) standard of review; and iv) expertise and deference. Questions relating to exclusive and concurrent jurisdiction occupied the most significant part of the Supreme Court's administrative law energy during the 2004-2005 term. The author analyzes these decisions on jurisdiction, paying particular attention to the many divides between the members of the Court. She argues that the decisions on jurisdiction …