The goal of this paper is to highlight significant developments in administrative law over the past year.
The Supreme Court of Canada has not issued any earth-shaking or concept-changing administrative law decisions during the last year. Although there are still a number of outstanding issues, the lower courts are digesting Dunsmuir and Khosa about standards of review, which generally appear to have had the intended effect of reducing debate about the applicable standard of review. The Supreme Court’s decision in Conway appears to expand the jurisdiction of administrative agencies to grant Charter remedies. At the time of writing, the Court has not issued its decisions in the Telezone group of cases about whether it is necessary to go to the Federal Court to quash a decision of a federal board, tribunal or commission before launching an action in damages either there or in provincial superior court.
There has also been the usual flow of interesting decisions by various courts about the exercise of discretion, procedural fairness, standing, professional discipline, remedies in judicial review, and privacy and disclosure issues in administrative law.
At the end of this paper, I have identified some unresolved issues in administrative law.
TABLE OF CONTENTS
I. INTRODUCTION
II. STANDARDS OF REVIEW
III. THE DUTY TO BE FAIR
IV. ADMINISTRATIVE LAW ASPECTS OF CONSTITUTIONAL ISSUES
V. A MISCELLANY OF OTHER DEVELOPMENTS
VI. SOME UNRESOLVED ISSUES IN ADMINISTRATIVE LAW
VII. CONCLUSION