ADMINISTRATIVE LAW LAW COURSE SYLLABUS

Transcription

1 ADMINISTRATIVE LAW LAW COURSE SYLLABUS Instructor: David E. Gruber, F.C.I.Arb., B.Sc.Arch. (McGill), J.D. (U. of Vic), LL.M (Cantab) Contact: (604) M-F 9:00 a.m. to 4:30 p.m. by appointment Time: Thursdays 5:00 p.m. to 9:00 p.m., Allard Hall, Room 104 Text(s): Van Harten, Heckman, Mullan & Promislow, Administrative Law, Cases, Text and Materials, 7th Ed. (Toronto: Emond Montgomery, 2015) and additional cases as indicated below. Where a case is listed as additional but also appears excerpted in the text, you are to read the full decision. Evaluation: 90% consisting of a final exam consisting of three short essays out of a choice of six questions. The essay questions will be designed to elicit the student s position regarding one of the tensions in the law discussed during the course. They will not consist of fact patterns. There will be no right or wrong position; rather the objective is to develop a logical and persuasive argument in favour of the position taken, with appropriate reference to the reading materials. 10% consisting of an in-class presentation of up to 10 minutes in length describing one of the administrative tribunals on the attached sign-up sheet. The presentation will describe: (a) the subject matter of the tribunal s jurisdiction, including the nature of parties affected by it and the manner in which they may be affected; (b) the legislation and/or regulation under which the tribunal operates; (c) how members of the tribunal are selected, whether there are any prescribed qualifications, and the tenure of members of the tribunal; (d) whether there are published rules of procedure for investigations or hearings; (e) whether the tribunal is subject to the BC Administrative Tribunals Act; and (f) whether there have been any notable cases analysing the level of deference owed to decisions of the tribunal by the courts. Course Plan: Date Subject matter Objective(s) Reading(s) 10 September Introduction - course outline - evaluation method - subject matter - historical background - Van Harten et al. pp. 3-29, Vander Zalm v. British Columbia (Acting Commissioner of Conflict of Interest), 1991 CanLII 149 (BCSC)

2 17 September The Baker Synthesis - overview of concepts -Van Harten et al. pp September No class 1 October Procedural Fairness I - Thresholds 8 October Procedural Fairness II - Contents 15 October Independence of decision-makers - evolution from natural justice - Baker criteria - application to different situations - specific components - substance of duty to give reasons - relationship to judicial independence - application to different situations - Van Harten et al. pp Mount Sinai Hospital Center v. Quebec, [2001] 2 S.C.R. 281, 2001 SCC 41 - Van Harten et al. pp Van Harten et. al. pp , Canadian Pacific Ltd. v. Matsqui Indian Band, [1995] 1 S.C.R. 3, 1995 CanLII 145 (SCC) 22 October Bias - reasonable apprehension - prejudgment vs. postjudgment - institutional bias 29 October Standard of Review I - privative clauses - true questions of jurisdiction - deference and reasonableness 5 November Standard of Review II - correctness vs. reasonableness - relevance of privative clauses - patent unreasonableness vs. unreasonableness - questions of general importance 12 November Standard of Review III - understanding correctness review 19 November Standard of Review IV - understanding reasonableness review - Van Harten et al. pp , Van Harten et al. pp , Bell v. Ontario Human Rights Commission, [1971] S.C.R. 756, 1971 CanLII 195 (SCC) - Canada (Director of Investigation & Research) v. Southam Inc., [1997] 1 S.C.R. 747, 1997 CanLII 385 (SCC) - Van Harten et al. pp , Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R Van Harten et al. pp Canada (Attorney General) v. Mossop, [1993] 1 S.C.R. 554, 1993 CanLII 164 (S.C.C.) - Van Harten et al. pp Canada (Citizenship and Immigration) v. Khosa, 2009 SCC 12, [2009] 1 S.C.R. 339

3 26 November Discretion - evolution of deference - purposes foreign to the administration - bad faith - misdelegation - fettering - Van Harten et al. pp Roncarelli v. Duplessis, [1959] S.C.R. 121, 1959 CanLII 105 (SCC) 3 December Charter issues Exam review - decisions vs. legislation - tribunal jurisdiction to apply the Charter - proportionality - Van Harten et al. pp

4 In-Class Presentation Subjects (more details at Tribunal Architectural Institute of BC Association of BC Forest Professionals Association of Professional Engineers and Geoscientists of BC BC Human Rights Tribunal BC Institute of Agrologists BC Oil & Gas Commission BC Review Board British Columbia Securities Commission British Columbia Utilities Commission Building Code Appeal Board Canada Border Services Agency Canada Industrial Relations Board Canada Revenue Agency Canadian Cultural Property Export Review Board Canadian Food Inspection Agency Canadian Forces Grievance Board Canadian Grain Commission Canadian Human Rights Commission Canadian Human Rights Tribunal Canadian Intellectual Property Office Canadian International Trade Tribunal Canadian Nuclear Safety Commission Canadian Radio-Television and Telecommunications Commission Certified General Accountants Association of BC College of Applied Biology College of Chiropractors of British Columbia College of Dental Surgeons of BC College of Dental Technicians of BC College of Licensed Practical Nurses of BC College of Occupational Therapists of BC College of Opticians of BC College of Pharmacists of BC College of Physical Therapists of BC College of Physicians and Surgeons of BC College of Psychologists of BC College of Registered Nurses of BC College of Traditional Chinese Practitioners and Acupuncturists of BC College of Veterinarians of BC Commission for Public Complaints Against the RCMP Community Care and Assisted Living Appeal Board Competition Bureau Student Presenting

5 Consumer Protection BC Copyright Board of Canada Employment Standards Branch Employment Standards Tribunal of BC Environmental Appeal Board Farm Industry Review Board Farm Products Council of Canada Financial Consumer Agency of Canada Financial Institutions Commission Financial Services Tribunal Financial Transactions and Reports Analysis Centre of Canada Forest Appeals Commission Health Professions Review Board Hospital Appeal Board Immigration and Refugee Board of Canada Industry Training Appeal Board Institute of Chartered Accountants of BC Labour Relations Board of British Columbia Law Society of BC Mental Health Review Board Military Police Complaints Commission National Energy Board Office of the Commissioner of the Official Languages Office of the Information Commissioner Office of the Privacy Commissioner Office of the Superintendent of Financial Institutions Oil and Gas Appeal Tribunal Parole Board of Canada Passenger Transportation Board Patented Medicine Prices Review Board Property Assessment Appeal Board Public Service Commission Public Service Labour Relations Board Real Estate Council of BC Residential Tenancy Branch Safety Standards Appeal Board Security Intelligence Review Committee Social Security Tribunal Society of Notaries of BC Surface Rights Board of British Columbia Teacher Regulation Branch Transportation Appeal Tribunal of Canada Veterans Review and Appeal Board Workers Compensation Appeal Tribunal WorkSafe BC Review Division