Administrative Law

This course is an introduction to administrative law – how law regulates government power. We will look at how government relates to individuals in a broad range of policy areas from health and the environment to securities regulation and national security. Suppose, for example, the federal government is worried a person seeking to come to Canada as a refugee has connections to terrorism. How should it decide whether or not to admit the person? If the person is refused entry, can she turn to the courts for help? We will discuss what it means for the government to follow a fair process in reaching a decision as well as whether courts can and should review the merits of government decisions (for example, whether the person should be admitted to Canada even though the government refused entry). We will also discuss other issues such as how governments should make rules or regulations – should the government involve the public when making a regulation limiting greenhouse gas emissions from oil and gas facilities and should the courts review such a regulation? A key underlying theme will be the apparent tension between, on the one hand, administrative law’s focus on fairness and the ‘rule of law’ and, on the other, the need for governments to be able to effectively and efficiently undertake social and economic policy.