Administrative law resource centre

 

David Stratas

 

Brief bio            Long bio            Public law experience          Recent conference presentations

 

 

 

 

Web pages (with clickable links)

 

General administrative law – case list

(emphasis on Ontario cases and Supreme Court cases)

 

Discretions exercised by judicial review courts – case list

 

Charter remedies: 24(1), 24(2) and s. 52 of the Constitution Act, 1982 – case list

 

 

 

Some articles by David Stratas on administrative law

(Warning: articles are current only to the dates on which they were written.

They may not be up to date.  They may not represent the current state of the law.)

 

“The Bullet-Proof Tribunal: Making Decisions That Survive Judicial Scrutiny”

(paper presented at the COBA conference, November 2, 2006)

French language version can be found here.

 

“The standard of review of substantive and procedural decisions of administrative tribunals: a six page guide”

 

“Decision-makers under new scrutiny: sufficiency of reasons and timely decision-making”

 

“Note on SCC’s decision in Tranchemontagne v. Ontario”

 

“The Charter in administrative law: unfulfilled promises and future prospects”

 

“The Canadian Bill of Rights: an emerging tool in constitutional cases?”

 

“Public law remedies: the next five years” (presented to the OCA, September, 2004)

 

“Civil liability in administrative law: recent developments and future prospects”

 

“Constitutional remedies in administrative proceedings: supervision, striking sections, policing discretions, standards of review and prospects for the future”

 

“Procedurally shy, substantively bold: conflicting approaches to constitutional review”

 

“Multani: a fundamentally flawed decision?”

 

“Litigating Charter rights at the Workplace Safety and Insurance Appeals Tribunal”

(deals with applicability of the Charter to administrative tribunals, the Martin test, the construction of remedies under Doucet-Boudreau,

and procedural questions concerning the litigation of constitutional issues before tribunals)

 

“‘Crossing the Rubicon’: the Supreme Court and regulatory investigations”

(analysis of R. v. Jarvis, [2002] 3 S.C.R. 757

 

“Regulatory Cooperation: some constitutional considerations”

(Charter and administrative law issues concerning transfers of information between branches of an agency,

between agencies, and international regulatory cooperation)

 

“Interagency cooperation” (powerpoint presentation)

 

“Remedies (s. 24(1) and s. 52)” (powerpoint presentation)

 

“Constitutional practice and procedure in administrative tribunals: an emerging issue”

(comment on Kelly v. Ontario and when one can raise a constitutional issue in court, bypassing the jurisdiction of an administrative tribunal)

 

 

Legal writing

 

“Walking on thin ice: exploiting strengths and managing weaknesses”