Gavin Howe
Administrative law is a branch of public law that governs the relationship between the government and its citizens. It ensures that the government and its agencies act in a fair and just manner, treating citizens with procedural fairness. Administrative law is important because it helps protect citizens' rights and holds the government accountable for its actions. It applies in situations where there is an interaction between an individual or group and a public authority, such as the police or a government ministry. Administrative tribunals are created by the government to make decisions on specific issues more effectively and affordably than traditional courts. These tribunals have a similar decision-making power to court judges, but with fewer procedural protections, making them more accessible and innovative. The decisions made by these tribunals are subject to scrutiny by higher courts, which can set aside decisions found to be unfair or unjust. This ensures that the laws are applied equally and that the rights of individuals are respected.
| Characteristics | Values |
|---|---|
| Area of Law | Public law |
| Function | Controls government activity |
| Scope | Relationship between government and citizens |
| Application | Interaction between individuals/groups and public authorities |
| Powers | Delegated to other organisations |
| Fairness | Procedural fairness, transparency, and impartiality |
| Efficiency | Cheaper and faster than courts |
| Innovation | Innovative ways of resolving disputes |
| Discretion | Professional judgment |
| Review | Standard of review, correctness, reasonableness |
| Jurisdiction | Subject to oversight by courts |
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What You'll Learn
Administrative law's function and purpose
Administrative law is a branch of public law that deals with the relationship between government authorities and private individuals, and the exercise of government authority. It is one of three basic areas of public law, the other two being constitutional and criminal law. Administrative law ensures that government actions are authorised by Parliament or provincial legislatures and that laws are implemented and administered fairly and reasonably. It is based on the principle that government actions must be legal and that citizens affected by unlawful government acts must have effective remedies.
Administrative law controls government activity in several ways. Firstly, according to the Constitution of Canada, elected politicians may pass any laws they wish, but these must not infringe upon the rights and liberties guaranteed by the Canadian Charter of Rights and Freedoms. Administrative authorities are subject to these constitutional limitations and are inferior bodies with only the authority that has been given to them. Secondly, delegating legislation defines the powers given to an agency or minister and outlines the rules for exercising those powers. Where administrative action depends on resolving disputed facts or interpreting a statute, the legislation may require a hearing before a board or administrative tribunal.
Administrative tribunals are created by federal, provincial, or municipal governments to deal with specific issues more effectively and affordably than courts. They are cheaper and more efficient than courts, which are slow and expensive. Tribunals do not have the same procedural protections as courts, but they can be innovative in their approach to resolving disputes. Tribunals are specialised and do not have to follow strict court rules. They have the power to make decisions, but they can also provide mediation services.
Courts play an important role in ensuring that administrative decisions are subject to impartial scrutiny. They have the authority to review administrative decisions to ensure they are fair and lawful and can set aside decisions they deem unfair. When reviewing decisions, courts consider how much deference they must give to an administrative decision-maker, which is called the standard of review. The standard of review may be one of correctness, where the court judges the decision on whether it is correct in law, or reasonableness, where the court considers whether the decision bears the hallmarks of justification, transparency, and intelligibility.
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The relationship between government and citizens
Administrative law is a branch of public law that deals with the exercise of government authority and the relationship between public authorities and private individuals. It is one of the three basic areas of public law, alongside constitutional and criminal law. Administrative law ensures that government actions are authorised by Parliament or provincial legislatures and that laws are implemented and administered fairly and reasonably.
The law is based on the principle that government actions must be legal and that citizens affected by unlawful acts must have effective remedies. It helps to maintain public confidence in government authority by ensuring that the government is accountable, fair, transparent, and efficient. It acts as a check on government power, preventing public authorities from abusing their power.
Administrative law controls government activity by ensuring that laws passed by elected politicians do not infringe upon the rights and liberties guaranteed by the Canadian Charter of Rights and Freedoms. It also ensures that laws do not attempt to regulate legislative activity reserved for another level of government. Administrative authorities are subject to these constitutional limitations and can only exercise the authority that has been delegated to them.
Administrative tribunals are created by federal, provincial, or municipal governments to make decisions on specific issues more effectively and affordably than courts. These tribunals deal with various areas that affect citizens' everyday lives, such as labour or employment boards, provincial utility commissions, or landlord and tenant boards. They are cheaper and more efficient than courts, offering innovative ways to resolve disputes. However, they do not have all the same procedural protections as courts, and there may be fewer opportunities to appeal decisions.
Courts play an important role in ensuring that administrative decisions are subject to scrutiny. They review administrative decisions to ensure they are fair and in accordance with the law, applying standards of review such as reasonableness and correctness. If a court finds an administrative decision unfair, it can set it aside, helping to ensure that laws are applied equally and that individuals' rights are respected.
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Administrative tribunals and their powers
Administrative tribunals are established under federal or provincial legislation to implement legislative policy. They are cheaper and more efficient than courts, as they do not have the same procedural protections and are therefore more affordable and expedient. They can also be innovative, as they are specialised and not bound by strict court rules.
The Administrative Tribunals Support Service of Canada (ATSSC) is a federal public administration that provides support services and facilities to 11 or 12 federal administrative tribunals. The ATSSC was established on November 1, 2014, and is led by a Chief Administrator, who has all the powers necessary to perform their duties under Acts of Parliament. The Chief Administrator is appointed by the Governor in Council for a term of up to five years and is responsible for the provision of support services and facilities to the tribunals.
The powers of administrative tribunals are derived from their enabling legislation or general laws about the tribunal process. Tribunals are independent from the government and must make decisions free from influence or bias. They have wide-ranging powers, including the power to enforce their decisions, summon witnesses and records, and take evidence under oath. Tribunals that serve regulatory or licensing functions are more likely to enforce their own rulings, as they control their membership. Tribunals that act outside their jurisdiction or fail to act reasonably may have their decisions reversed or cancelled by a superior court.
In terms of the standard of review, courts will generally consider whether a tribunal's decision was reasonable or correct. The standard of review for discretionary decisions has historically been that of correctness, but this changed in Baker, where the Supreme Court of Canada emphasised the line between questions of law and discretion. The court adopted a pragmatic and functional approach, and courts can now apply a standard of reasonableness to discretionary decision-making.
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Procedural fairness and standards of review
Administrative law in Canada deals with the relationship between the government and its citizens, ensuring that government actions are authorised by Parliament or provincial legislatures, and that laws are implemented and administered fairly and reasonably.
Procedural fairness is a key aspect of administrative law, ensuring that individuals affected by a decision have the right to participate in the decision-making process. This includes pre-hearing rights, such as notice, disclosure, and discovery, as well as hearing rights, such as the form of hearing, counsel, and examinations. The content of the duty of fairness depends on the type of right and the circumstances of the case, and courts will consider whether a decision was reasonable or correct.
The standard of review is the level of deference given by a court to an administrative decision-maker. In Canada, the standard of review for discretionary decisions was historically that of correctness, but this changed with the Supreme Court case of Baker v Canada, which emphasised the line between questions of law and discretion. The court recognised that a ''pragmatic and functional' approach should be applied when looking at issues of discretion. Courts can now apply a standard of reasonableness to discretionary decision-making, considering whether a decision bears the hallmarks of justification, transparency, and intelligibility.
The Supreme Court of Canada has also provided guidance on when a decision may be considered unreasonable, including when a decision-maker has misapprehended or failed to account for the evidence before them. The standard of "patent unreasonableness", which was the highest level of deference a court could give, was abolished by the Supreme Court in Dunsmuir as it allowed unreasonable decisions to be upheld.
Administrative tribunals, while cheaper and more efficient than courts, do not have the same procedural protections. They are, however, required to be free from bias and to act within the scope of their delegated powers.
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How administrative law differs from criminal law
Administrative law is one of the three basic areas of public law in Canada, alongside constitutional law and criminal law. It deals with the relationship between the government and its citizens, ensuring that government actions are authorised by Parliament or provincial legislatures, and that laws are implemented and administered fairly and reasonably.
Criminal law, on the other hand, focuses on enforcing societal norms and behaviours through the prosecution of individuals who commit crimes. Criminal law involves the investigation, charging, and prosecution of individuals who commit offences against society. It involves a range of stakeholders, including police, prosecutors, defence lawyers, judges, and juries.
One key difference between administrative and criminal law is their scope. Administrative law is concerned with the internal workings of the government and its interactions with citizens, whereas criminal law deals with the behaviour of individuals and their compliance with societal norms. Administrative law ensures that government actions are lawful and fair, while criminal law seeks to punish those who break the law.
Another distinction lies in the nature of the proceedings. Administrative law proceedings are often less formal and more flexible than criminal law proceedings. Administrative tribunals are designed to be more accessible, efficient, and innovative in resolving disputes. They are cheaper and faster than traditional courts, making justice more affordable and expeditious for citizens. In contrast, criminal law proceedings tend to be more formal, rigid, and time-consuming, with strict rules of evidence and procedure that must be followed.
Additionally, the standard of review differs between the two areas of law. In administrative law, courts generally defer to the expertise of administrative decision-makers, applying a standard of reasonableness. They consider whether the decision was reasonable or correct, taking into account factors such as justification, transparency, intelligibility, and coherence. In contrast, criminal law proceedings focus on determining guilt or innocence, with a higher burden of proof and stricter evidentiary standards.
Furthermore, administrative law provides citizens with a mechanism to challenge government decisions and seek remedies for unlawful actions. Citizens can request a review of a decision made by the government or an organisation if they believe it is unfair or violates their rights. This review process allows for internal corrections and ensures procedural fairness. In criminal law, while individuals have the right to a fair trial and can challenge evidence and procedures, the focus is primarily on determining guilt or innocence, rather than reviewing the decision-making process itself.
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Frequently asked questions
Administrative law is a branch of public law that deals with the relationship between government and its citizens. It ensures that government actions are authorised by Parliament or provincial legislatures and that laws are implemented and administered in a fair and reasonable manner.
The function of administrative law in Canada is to control government activity and ensure it is dealing with citizens in a lawful and fair manner. It also helps to protect citizens' rights and freedoms.
Administrative law ensures that laws passed by elected politicians do not infringe on the rights and liberties guaranteed by the Canadian Charter of Rights and Freedoms. It also ensures that laws are only passed by those with the authority to do so. Administrative tribunals are created by governments to make decisions on specific issues more effectively and affordably than courts.
