Administrative law in Canada addresses the actions and operations of governments and their agencies. It covers the way Canadian courts can review the decisions of administrative decision-makers, including administrative tribunals, boards, and commissions. Carswell offers resources that cover topics such as the process of judicial review and the standards of review, how regulatory agencies should conduct themselves, practice before tribunals, and procedural fairness. Written by leading authors, these resources will help you by providing the information you need.
General Administrative Law
For an overview of the area of administrative law, Carswell has developed several products that provide a broad understanding of the fundamental principles of this area of law and the procedural requirements of administrative boards, tribunals, and commissions.
Practice Before Administrative Tribunals
Administrative tribunals are quasi-judicial bodies, created through legislation to administer specific policy objectives. Their jurisdiction extends only as far as the legislation which governs them does. The tribunals handle very specific areas of law and adjudicators are generally selected for their expertise in a given field as opposed to their legal backgrounds. Since tribunals may have rules and procedures which differ from those of a court, Carswell has developed a thorough body of work to help practitioners navigate their way through the unique requirements and limitations of administrative agencies.
Administrative and Ombudsman Investigation
The law defining the authority of administrative tribunals to investigate events and subpoena evidence is covered under several products in the Carswell catalogue.
Public, Government Law and Political Law
Public law, generally, encompasses all those branches of law that affect the state as it relates to its citizens, to itself, and to other sovereign states. In Canada, administrative, constitutional, military, criminal, tax, and international law are all branches of public law. These laws provide the authority for government to act and restrict government in what actions it may take.
Constitutional and Charter Law
The Constitution of Canada sets out the structure of Canada’s three branches of government, federal and provincial areas of jurisdiction, and the civil rights of all Canadian citizens. Defined in the Constitution Act, 1867, Constitution Act, 1982 and related constitutional documents, constitutional law covers such topics as federalism, the structure and powers of the Executive and Legislative branches of government, the division of powers between provincial and federal governments, aboriginal rights, and the rights contained in the Charter of Rights and Freedoms. Carswell has resources written by well-respected experts that cover these topics and more.
Self-Governing Professions Law
Self-regulated professions operate under the auspices of their enabling legislation. They have broad authority to prepare, license, oversee, investigate, and discipline their members. Importantly, this area has seen a growing body of scholarship on ethical conduct and conflicts of interest, much of which can be found in the Carswell catalogue.
Telecommunications law includes a wide range of activities referrable to the regulated sectors of telecommunications, broadcasting and broadcast distribution. Telecommunications practitioners advise companies whose activities are regulated directly by the CRTC and/or Industry Canada, as well as other companies whose activities might be affected by agency and department decisions. Communications practitioners tend to focus on licensing activity before the CRTC.
A branch of public law that governs Canada’s armed forces and the unique challenges they may meet in opposing other forces, as well as maintaining their own ranks. Military law can touch on international law, criminal law, and other areas of public law.