Administrative Law and Division of Powers

This week, there will be two presentations:

-- "The Charter applies too much to the activities of administrative tribunals."

-- "The area of division of powers is boring: there are really no new developments worth speaking about."


Administrative tribunals:

Ocean Port Hotel Ltd. v. British Columbia (General Manager, Liquor Control and Licensing Branch), [2001] 2 S.C.R. 781
    Link:    HTML    (applicability of Charter to administrative tribunals)

Nova Scotia (Workers’ Compensation Board) v. Martin; Nova Scotia (Workers’ Compensation Board) v. Laseur, [2003] 2 S.C.R. 504 (jurisdiction of administrative tribunals to consider constitutional questions)
    Link:     HTML

Multani v. Commission scolaire Marguerite-Bourgeoys, [2006] 1 S.C.R. 256
    Link:     HTML  (standard of review of constitutional decisions of administrative tribunals)


Recent developments in division of powers jurisprudence.

 The following cases may be examined:

Canadian Western Bank v. Alberta, 2007 SCC 22 and (companion case) British Columbia (Attorney General) v. Lafarge Canada Inc., 2007 SCC 23

R. v. Hydro-Québec, [1997] 3 S.C.R. 213

Westcoast Energy Inc. v. Canada (National Energy Board), [1998] 1 S.C.R. 322

Reference Re Secession of Quebec, [1998] 2 S.C.R. 217

Unifund Assurance Co. v. Insurance Corp. of British Columbia , [2003] 2 S.C.R. 63

Eurig Estate (Re), [1998] 2 S.C.R. 565

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