Administrative Law Concepts
As the head of a governmental agency, you have decided that it is important that staff understand basic administrative law concepts in order to avoid major errors in decision making. This is especially important given the number of times the agency has been taken to court recently regarding administrative law issues. In an effort to forestall further litigation, you are compiling a manual to provide guidance and context.
The manual should include an overview of the main administrative law concepts and how these concepts are dealt with / used by the courts. In order to assist the staff, you will also refer to the relevant case law.
Your introductory section should include a discussion of procedural fairness and how administrative law principles are relevant to democratic practice.
This final exam has been designed to provide you with an opportunity to critically
reflect upon the course content and summarize the main concepts presented in this course.
To maximize opportunities for learning, please review the content throughout the
course and consider adding additional resources.
Principles/concepts (covered) that should be discussed+ Case law
– Freedom of information (corner stone of both procedural fairness and democracy)
– Government bias
– Discretion (Baker v Canada /Mount Sinai Hospital Center v. Québec -Minister of Health and Social Services)
– Transparency and Accountability
– Credibility and the Duty to give reasons (Khan v. University of Ottawa /Ababio v Canada /Armson v. Canada /Hilo v. Canada /Baker case)
– Legitimate expectation
– The notion of independence (Matsqui Indian Band v. Canadian Pacific)
– Fairness and efficiency
– Delay (Blencoe v. British Columbia (Human Rights Commission)
There is flexibility with regard to the format. Case law should be cited by providing the full name of the case in the body of your answer.