This course is an introduction to the law governing administrative and regulatory decision-making and its interaction with the courts.
The administration (essentially the executive branch of government) implements legislative policy and delivers government services in fields such as public health and safety, immigration, labour relations, social benefits, securities regulation, business licensing and approvals, communications and broadcasting, and environmental protection. The administration also incorporates numerous ‘court like’ tribunals, such as land tribunals, labour arbitrators, immigration appeals boards, or human rights commissions, which adjudicate disputes and implement policy outside of the courts.
The course does not focus heavily on a single substantive area of law or policy but more on the role of the courts in reviewing administrative and tribunal decision-making in various fields. It examines judicial oversight of administrative decision-makers based on doctrines of procedural fairness (how administrative decisions are made, the entitlement of individuals to participate in decision-making that affects them, and impartiality and independence of decision-makers) and substantive review (the degree to which courts will review the merits or outcomes of administrative decisions). The course also explores policy debates about the rules and principles in the field as well as theoretical themes arising from the relationship between the courts and other branches of the state. In these respects, the course examines foundational rules and principles applying across many areas of practice and policy-making.
Students are expected to read the assigned materials each week, typically including excerpts from a textbook or from statutes and prominent cases, and to be prepared for class. Problem-solving scenarios may be used in class to allow students to assess and track their understanding of the subject as we proceed.
Method of Evaluation: Open-book examination (100%) or examination + assignment option (70%/30%).