Strategies for effective administrative law advocacy
This publication is essential for: lawyers, decision-makers, and judges whose work involves federal or BC administrative law decision-making
Current to: July 1, 2015
Administrative law is complex and requires specialized knowledge. British Columbia Administrative Law Practice Manual offers you a guide to navigating administrative law and procedure with advice on fundamental administrative law concepts, case preparation and advocacy, the role of evidence and parties, and the process for reviews and appeals. Covering decision-makers and courts at both federal and provincial levels, this manual provides access to sample forms annotated with commentary and a curated bibliography of other useful administrative law resources.
With this resource, you will be able to:
- understand what makes for effective administrative law advocacy and drafting
- more confidently handle administrative decision-makers and unrepresented parties
- avoid common administrative law practice pitfalls
Buy today and deepen your knowledge of administrative law principles and practice!
Highlights of the 2015 Update include:
- standard of review applicable to administrative officers; entitlement of tribunals to deference in interpreting home statute: developing Supreme Court of Canada jurisprudence
- powers of tribunals to reconsider their own decisions
- which decisions are reviewable in cases where there has been reconsideration
- First Nations as administrative law decision-makers ("federal board, commission or other tribunal"; applicability of Judical Review Procedure Act)
- imminent tribunal "clustering" in BC; effect on impartiality and independence
- prospective asynchronous, electronic tribunal hearings in BC
- new annotated sample petitions for judicial review in Supreme Court of BC
- amended Federal Courts Practice Directions
- new appellate jurisprudence on certiorari (role in criminal judicial review; relationship to habeas corpus)
- case law on bases to seek leave to intervene at BCCA
- appellate case law on certiorari (role in criminal judicial review; relationship to habeas corpus), on the record at judicial review proceedings, on the scope of a tribunal’s exclusive jurisdiction, and on latitude for tribunal to defend merits of its decision where there is no other respondent on judicial review
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CLEBC Legal Editor
L. Joy Tataryn