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Administrative Law: Cases, Text, and Materials, 7th Edition
Instructor Review Copy

Administrative Law: Cases, Text, and Materials, 7th Edition

Gerald Heckman, David Mullan, Janna Promislow, Gus Van Harten
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The seventh edition of Administrative Law: Cases, Text, and Materials has been meticulously reorganized and updated to provide detailed commentary and a thorough review of recent case law in a resource that is engaging and accessible to students. Careful editing has significantly reduced the length of this edition, while in-depth and well-framed discussion builds on the pedagogical integrity and scholarly approach of previous editions.

This edition includes new material on recent evolutions in the law governing liability for misfeasance in public office and the negligence/extra-contractual liability of statutory authorities. A new chapter addresses the duty to consult and accommodate Aboriginal peoples, while chapters on procedural fairness and substantive review have been reconfigured to follow a step-by-step analytical approach, enhanced with discussion of historical background and context. This edition incorporates post-Dunsmuir jurisprudence and rulings, examining the impact Dunsmuir has had on substantive review and appellate court decisions, as well as discussing relevant, seminal cases.

Ideal for professors who adopt the case-analysis approach to teaching administrative law, this respected casebook is the most current and authoritative learning resource currently available for Canadian law students.

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  • ISBN/ISSN: 978-1-55239-699-5
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ISBN
978-1-55239-618-6
Page Count
1248
Publisher
Emond Publishing
Publication Date
May 2015
Status
Available
Subjects
Administrative Law; NCA Required
Tags
Law School Practice Canadian Law NCA

  • Hyperlinked citations on CanLII
  • Length of this edition reduced by 10% through rigorous editing
  • New material on significant evolutions in the law governing liability for misfeasance in public office and the negligence/extra-contractual liability of statutory authorities
  • Fuller coverage of statutory material and post-Dunsmuir appellate court decisions from different provinces
  • Revised coverage of procedural fairness, and sources of procedural rights and their thresholds, incorporating recent examples of specific procedural content such as the Pritchard, May v. Ferndale Institution, and Charkaoui decisions
  • Updated material on the jurisdiction of administrative tribunals to apply the Charter, with reference to Martin and Laseur as well as Tranchemontagne
  • Addresses these key subject areas:
    • Theoretical debates and overarching concepts in administrative decision-making and judicial review
    • All aspects of procedural fairness, including the threshold for the application of procedural rights and requirements, as well as general and specific content aspects of procedural fairness
    • The duty of administrative decision-makers to consult and accommodate aboriginal peoples
    • All aspects of substantive review, including the factors that influence the standard of review and the application of the standard in different contexts of administrative decision-making
    • The relationship between the constitution and administrative agencies
    • The role of discretion in administrative decision-making
    • Rules of standing in administrative law
    • Remedies in administrative law, including non-monetary and monetary remedies and the role of judicial discretion

Part I — Introduction
Chapter 1: The Administrative State and the Rule of Law
Chapter 2: The Role of Judicial Review
 
Part II — Procedures
Chapter 3: Fairness: Sources and Thresholds
Chapter 4: The Level and Choice of Procedures
Chapter 5: Bias and Lack of Independence
Chapter 6: Institutional Decisions
Chapter 7: Rulemaking
Chapter 8: The Duty to Consult and Accommodate Aboriginal Peoples
 
Part III — Substantive Review
Chapter 9: The Standard of Review
Chapter 10: Private Clauses and Statutory Rights of Appeal
Chapter 11: Expertise and Statutory Purpose
Chapter 12: The Nature of the Question
Chapter 13: Jurisdictional Questions and the Origins of the Standard Review Analysis
Chapter 14: Applying the Standard of Review
Chapter 15: The Jurisdiction of Tribunals and the Constitution
Chapter 16: The Use and Misuse of Discretion
 
Part IV — Remedies
Chapter 17: Remedies for Unlawful Administrative Action
Chapter 18: Standing
Chapter 19: The Discretion of the Court
Chapter 20: Money Remedies
 
Appendixes
Appendix 1: Constitution Act, 1982
Appendix 2: Quebec: Charter of Human Rights and Freedoms
Appendix 3: Provincial Procedural Statutory Codes

Supplement 2015–2019

Supplement 2015–2021 (Part I)

Supplement 2015–2021 (Part II – Trilogy)

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