Public and administrative law in Canada is concerned with the actions of government and public bodies. An enabling statute or “home statute” is the primary source from which a public body or government agency derives its decision-making power. The statute will indicate who can make what type of decision, as well as specify the procedure. The decision-making power must be exercised in a manner that does not contravene the Canadian Charter of Rights and Freedoms. The rules of natural justice must also be applied and will vary depending on the circumstances.
Decisions of provincial and federal boards, tribunals, commissions, regulatory agencies, and ministers are subject to judicial review by Canadian courts. Certain decisions command a higher degree of deference from the courts, while others are more readily overturned or varied. An applicant will often seek to obtain an order, a declaration, or an injunction from the court.
Our legal team offers representation before all levels of court and frequently appears before administrative boards and tribunals. We provide assistance to public and private sector clients in the following areas:
- Government negligence and wrongdoing
- Constitutional challenges
- Appeals and Judicial Reviews
- Representation before government boards and agencies
- Representation before academic bodies, professional associations, and disciplinary committees
- Legal and policy advisory services