Professional LLM in Administrative Law

Credits: 3.0

This course explores the range of remedies available to those who are aggrieved by some administrative action, inaction, or decision, and attempts to identify their respective strengths and limitations. Topics may include: the ability of agencies to reconsider their decisions; the power of agencies to determine the constitutional validity of their enabling legislation and their remedial powers; the relationship between administrative remedies and the exercise by the courts of their supervisory jurisdiction.

Credits: 6.0

This course reviews the main principles and rules of the standard of review analysis, procedural fairness, and selected additional topics. The focus is on substantive and procedural grounds for judicial review and on current developments in the jurisprudence in these areas. Additional topics selected for study may include, for example, the impact of the state’s international obligations on administrative action at the domestic level. The course lays a groundwork for the remainder of the program. It aims to provide an overview for students who have not previously had extensive exposure to administrative law, but also to afford for students, who are experienced in the subject, an opportunity to reflect on and develop their knowledge base.

Credits: 3.0

This course provides a theoretical framework by considering the application of some contemporary theories of, and perspectives on, public administration and administrative law. Theoretical perspectives considered will include: liberalism and the rule of law; the functionalist critique; legal pluralism; critical theory; feminism; public choice theory; organizational theory. A focus of the course is the need to articulate theoretical bases for identifying appropriate roles for legislatures, agencies and courts in promoting through law democratic values and the protection of human rights in the administrative state.

Credits: 3.0

This course examines some of the most important issues that have recently arisen in the course of the courts’ supervision of administrative action, such as procedural fairness and institutional decision-making; the giving of reasons; independence and impartiality; deliberative secrecy; specialization and expertise; and standards of court review of administrative decisions including court review of agency interpretation of their enabling legislation. It will also address, where applicable, the impact on administrative action of the Canadian Charter of Rights and Freedoms.

Credits: 3.0

This course looks at two unsettled questions: who should “police the police” and how should police accountability bodies be modernized in Ontario? In reviewing these issues this course will review academic commentaries; enabling statutes of Ontario’s three police oversight bodies; administrative law principles that guide decision making processes; and emerging case law in the police discipline sphere.

Credits: 3.0

Public inquiries in Canada are considered by many to be an important instrument of government and in particular, useful in investigating concerns relating to systemic and institutional misconduct. Health issues such as the safety of the blood supply system, explosions in mines, police conduct, child abuse, wrongful convictions and Aboriginal issues, are some of the subjects that have been examined in Canadian public inquiries. This course will examine the history, purpose and value of public inquiries in Canada, the different types of inquiries, and the differences between public inquiries and civil and criminal trials. A study will be undertaken of the inquisitorial and adversarial processes, the role of the Commissioner, Commission Counsel as well as other parties involved in the Inquiry. Federal and Provincial Public Inquiry statutory provisions including the power to summon witnesses, search powers, and powers to punish for contempt will be explored. Constitutional issues will be canvassed as well as the rules of fairness and protections to witnesses. Proposals for reform as well as alternatives to public inquiries will be discussed. Comparison of Canadian Public Inquiries will be made with commissions and inquiries in other jurisdictions (eg: United States 9/11 Commission, Australia, New Zealand).

Credits: 3.0

This course introduces students to some of the main conceptual frameworks in professional regulation, along with related policy questions. Students also consider the social and economic implications of legal services regulation, engaging in critical assessment of various models and proposals for the regulation of legal services in Canada, the U.S., the U.K., and beyond. Through a final paper, students will have the opportunity to hone their research and written communication skills, as well as engaging in peer assessment through a paper proposal workshop. Finally, students will consider the role and obligations of the legal profession in society.

Credits: 3.0

This course explores recent developments in administrative law. In the past, the course has focused on such topics as the jurisprudence on Crown liability and regulatory negligence, the scope of the Crown’s fiduciary obligations to statutory benefits recipients; public inquiries; administrative law by appointments; and access to administrative justice.

Credits: 3.0

This course explores inquests as an example of an administrative context in which issues common to many administrative tribunals arise. The course examines matters such as standing, admissibility of evidence, procedural rules and judicial review.