introduction

Question 1

What is a private act

Answer 1

Acts that corporations or individuals carry out by means of their status as a legal entity, ie entering into a contract

Public bodies can also carry out private acts

Question 2

What is a public act

Answer 2

Acts that cant be carried out by corporations, but rather by the state or public bodies thay have been granted the authority to do so

Question 3

Why can public bodies carry out public acts

Answer 3

The power is legitimate due to the democratic principle

Question 4

What is the democratic principle
State case

Answer 4

Re Secession
Its a fundamental value of the consitution
reflects the will of the people
democracy cannot exist w out the rule of law

Question 5

What is administrative law?

Answer 5

Its a subset of public law
It governs public acts
Regulates the relationship between the government and the goverened
Regulates relationship between the jud and exec by implementing rules on the exercise of public power and mandating that the court enforce these rules

Question 6

What are the fundamental concepts in admin law?

Answer 6

1. RoL
2. Parliamentary Sovereignty
3. The crown
4. Separation of powers
5. Jurisdiction/ultra vires
6. Procedural fairness
7. Judicial review
8. section 96
9. Private v Public Acts

Question 7

RoL

Answer 7

Re secession
RoL creates stability, predictability and order
Shields individuals from arbitary state action

Question 8

Three requirements of RoL

Answer 8

1. The law is supreme over individuals and the government
2. Must be able to ascertain what the law is
3. Must be a legal rule for the exercise of a power

Question 9

Parliamentary sovereingty

Answer 9

Parliament can unmake or make any law that it sees fit, within the con bundaries
this reflects th will of the ppl and democratic principle

Question 10

Limits to Par sov

Answer 10

1. Consitution act
2. Charter rights and s35 aboriginal treaty rights
3. s96 allowing for judicial review

Question 11

The crown

Answer 11

s17- the crown dont hold as much power as they used to
Roles
Royal reccomendation
Royal consent
Royal assent

Question 12

Separation of powers
state case that says roles

Answer 12

Ontario v Criminal lawyers
leg makes law
exec applies law
judiciary oversees the law

Question 13

Does canada have a strict separation of powers?
State instances where they intertwine

Answer 13

No they dont, not in water tight containers
Leg has parliamentaty privillege
cabinet privilege extends to documents being bought into court
Judicial review of exec and leg by s 96

Question 14

Why does separation of powers exist?
State case

Answer 14

Greenhouse gas pollution
1. Insitutional competence- so expertise is divided amongst the different branches
2. To balance power so that one branch doesnt hold too much power

Question 15

Other reasons for sep of powers

Answer 15

Efficiency
Accountability
Checks and balances

Question 16

What is jurisdiciton?

Answer 16

The scope of authority given to a particular perosn

Question 17

state cases on jursidcition

Answer 17

Trinity western v Nova scotia
Dunsmuir
Vavilov

Question 18

Trinity western v Nova scotia

Answer 18

Only allowed to issue licenses in NS, issuing in other areas considered ultra vires

Question 19

Dubsmuir

Answer 19

Juriscition is the authority to exercise a powr,ie. whetehr or not a tribunal has the authoruty to exercise that power

Question 20

VAvilov

Answer 20

Jurisdcition is just a q of law and therefore subject to correctness

Question 21

Procedural fairness
state 2 principles and explain and name the case

Answer 21

Audi alteram partem: Must know the case thats against them

Nemo Jude in causa- cannot be a judge of their own cause

Baker

Question 22

List the 5 baker principles

Answer 22

1. Nature of the decision being made
2. The dm statutory scheme
3. impact of decision on individual
4. Any legitimate expectations the individual had over the process
5. The procedure dm chose to follow

Question 23

What happens when there is a breach of procedural fairness

Answer 23

Decision gets quashed
A deicison is onky a decision if its a fait one

Question 24

What is an unqualified right under pF

Answer 24

Cardinal
Right to a fair hearing is an independent and unqualified rigjt that anyone under an admin decision is entitled to have

Question 25

What happens when there is a breach of procedural fairness exception

Answer 25

King
Must look at the proceedings as a whole, if its in steps and the second step effectibely fixed the breach
wont get quashed.

Question 26

What is JR

Answer 26

DUnsmuit
Supervising the exercis eof authority conferred by stature
But because of leg intending to give that power to the admin tribunal, courts exercise caution and only intervene when necessary

Question 27

What is JR nor

Answer 27

A trial de novo- have to look at the decision and not the decision that they would have made

Question 28

What is s96

Answer 28

Crevier
its the basis for JR
Allows for JR in accordance with the RoL
The basis for judicial independence

a clause /statutecannot exclude JR/ shield itself from judicial review

Question 29

What are the limits of JR

Answer 29

1. Wall- Can only JR public authorities exercising public power
2. Air canada- cannot review decisions made by public bodies thay are actually private