The Use of Policy by Administrative Decision Makers: Authority and Limitations
September 23, 2019
posted in: Legal Updates
An administrative agency does not require an express grant of statutory authority in order to issue policies or guidelines. However, administrative decision-makers may not apply these policies inflexibly as if they were law. An individualized assessment is required in the circumstances of each case to determine whether it is appropriate to apply the policy. A decision made solely by reference to the mandatory prescription of a policy, despite a request to deviate from it in the light of the particular facts, may be set aside, on the ground that the decision-maker’s exercise of discretion was unlawfully fettered.
On December 19, 2019, in Canada (Minister of Citizenship and Immigration) v. Vavilov, the Supreme Court of Canada redefined the nature and scope of judicial oversight of administrative action. The…Read More
In a recent case, the Quebec Supreme Court declared provisions in the Medically Assisted Suicide legislation to be in contravention of the Charter. The Court found the requirement that individuals…Read More
Bill Shores Q.C. spoke at the CBA Administrative, Labour and Employment Law Conference in Ottawa on November 8, 2019. Mr. Shores discussed the Supreme Court of Canada’s upcoming decisions on…Read More