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     Subject Outline

Special Topic in Law - Subject Outline

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Back to: Subject Overview Page - LAWS77-621

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The information published in this document is intended as a guide as the University reserves the right to change its program offerings and subjects without notice.

Details
Faculty/School: Faculty of Law
Subject Code: LAWS77-621
Subject Title: Special Topic in Law
Prerequisites:
Subject Level: Postgraduate Subject
Semester/Year: May 2010
Credit Points: 15.000
Subject Description: This course will provide an introduction to the basic principles of Canadian administrative law. These principles govern the activities of administrative bodies and the relationship between the legislative, executive, and judicial branches of government. The areas discussed will include procedural fairness, judicial review, the standard of analysis for substantive review, bias and independence, discretion, the application of the Charter to administrative decision making, and the remedies available with respect to administrative decisions. The course will serve as a foundation for further study and practice in a wide range of areas, including health, environment, immigration, labour relations, professional regulation, education, and securities law. The course is intended for students intending to qualify for practice in Canada. 
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Contact
Contact Name: Victoria Colvin
Position: Senior Teaching Fellow
Telephone: +61 7 5595 tba
Email: vcolvin@bond.edu.au
Building / Level / Room: Building 4, Room tba
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Delivery & Attendance
Timetable: http://www.bond.edu.au/timetable
Mode of Delivery and
Teaching Schedule: 		Availability Details: Standard

 

There will be one three hour lecture a week. Lectures are scheduled for Thursdays, from 10 am to 1 pm.

Attendance Requirements: There will be no mark for attendance or class participation, but students will be expected to have done the readings prior to class and be prepared to participate in class discussions. Most sessions build on the work on the previous one and it is difficult to recover if you miss a session.
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Resources
Prescribed Resources:  

Required text is
  • Evans, Janish, Mullen & Risk, Administrative Law: Cases, Text, and Materials, 5th ed. (Toronto: Emond Montgomery, 2003).
Students will also be responsible for the supplemental case law and legislation, which will be available on the iLearn site under “Resources.”

NB  Weekly Outline "Text" refers to:

  • Evans, Janish, Mullen & Risk, Administrative Law: Cases, Text and Materials.
Additional Resources:  Students may also wish to consult other texts, for example

 

  • Sossin, Flood, et al., Administrative Law in Context (Toronto: Emond Montgomery, 2008), and
  • Blake, Administrative Law in Canada, 4th ed.(Toronto: LexisNexis-Butterworths, 2006)
Use of iLearn in this Subject: Readings supplemental to the text will be posted on the iLearn site. The assigned readings and supplemental caselaw are lengthy. Guidance will be provided on the iLearn site and in class regarding which materials students should focus on, and which can be skimmed. 
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Bond Graduate Attributes Emphasised in this Subject
1. Knowledge and Critical Thinking - Graduates have acquired a sound knowledge of their discipline and the ability to critically evaluate, manage, reflect on, integrate and apply it.
2. Leadership, Initiative and Teamwork - Graduates have the skills to contribute to their discipline or profession as an effective leader and as a member of collaborative, cooperative and successful teams.
3. Communication Skills - Graduates have the skills to communicate effectively with their profession, their peers and the wider community.
4. Responsibility - Graduates are aware of the standards, ethics and values of their discipline, in both the local and global context.

Program Outcomes and Graduate Attributes
If you are undertaking this subject as part of a degree program you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.

Learning Outcomes of this Subject
1. Students will need to demonstrate knowledge of fundamental principles and rules of Canadian Administrative Law. 
2. Students will need to demonstrate a critical understanding of how these principles and rules have been derived from the common law, statute, and the Canadian Constitution, and shaped by judicial decisions.
3. Students will need to demonstrate an ability to apply legal principles and rules derived from the case law and statutes to new fact situations and to argue for and against possible outcomes.
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Assessment
Task Weight Date Learning Outcomes
Essay 50 TBA 1-3
Exam 50 TBA 1-3

Assessment Criteria
High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking.
Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas.
Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above.
Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment.
Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines.
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Other Course Information
Referencing Style: Any recognised referencing style

See Library Website for more information: http://www.bond.edu.au/library
Assignment Coversheet: All assignments are to be accompanied by a copy of the faculty cover sheet.

 

Download the Law coversheet.

Submission Procedures: Assignments are to be submitted to the assignment box in the Law Library by 4.00 pm on the due date.
Policy on Late
Submission and
Extensions: 		Unexplained late submissions will not be considered for marks. Penalties will apply for late submissions.

 

Please refer to the Faculty of Law policy for Extension for Assignments.

Policy on Plagiarism: University policy on plagiarism defines plagiarism as taking and using another person's thoughts, ideas or writings and passing them off as one's own. [More >>]
Examinations: General information and procedures: http://www.bond.edu.au/examinations
Specific information and procedures:

 

 

There will be a two hour open book final examination worth 75% of the grade in the course. 
Return of Assessment Material: Unclaimed work will be held for a period of one month after the end of the semester and then destroyed.
Disability Support: Any student with a disabling condition who may require alternative academic arrangements in the subject is strongly encouraged to seek advice at the commencement of the semester from a Disability Officer. [More >>]
Other:  

This an elective subject that is open to both undergraduate and postgraduate students. 

More details on the subject will be posted on iLearn prior to the start of the semester.
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Weekly or Topic Outline
Week/Module Topic Description
1 Introduction Introduction to the course, introduction to administrative law, the Constitution and judicial review, the rule of law, case study Baker v. Minister of Immigration. Readings - Text, chapters 1, 2 & 3.
2 Procedural Fairness Introduction to procedural fairness, the threshold. Readings - Text, chapter 4. Dunsmuir v. New Brunswick and Authorson v. Canada (Attorney General)
3 The Choice of Procedure Notice, discovery, delay, oral hearings, counsel, disclosure, admissibility, cross examination, reasons. Readings - Text, chapter 5 May v. Ferndale.
4 The Choice of Procedure contd. Previous weeks topic continued
5 Institutional Decisions, Bias & Lack of Delegation, deciding without hearing, agency counsel, agency guidelines, pecuniary/material interest, the reasonable apprehension of bias test, statutory authorisation, attitudinal bias, variation in standards, independance. Readings - Text, chapters 6 & 7, Charkaoui v. Canada (Citizenship and Immigration), Thamotharem v. Canada (Minister of Citizenship and Immigration), Bell Canada v. Canadian Telephone Employees Association.
6 Independence The law before Dunsmuir, the standard created by Dunsmuir, the dissenting opinions in Dunsmuir, development of the law since Dunsmuir, statutory appeals. Readings - Text, pages 697-732, 789-801, Dunsmuir v. New Brunswick, Canada (Citizenship and Immigration) v. Khosa.
7 Substantive Review contd. Previous week's topic continued
8 Discretion Identifying discretionary decisions, how discretion can be abused, the standard of review of discretionary decisions, consideration of irrelevant factors & failure to consider relevant factors, delegated legislation (an exercise of legislative power delegated by the legislature), and the role of fundamental societal values, the constitution and international law. Readings - Text, chapter 12, CUPE v. Ontario (Minister of Labour, Chamberlain v. Surrey School District No. 36, Thamotharem (previously assigned in week 6).
9 Constitutional Issues Determination of charter challenges and issues of aboriginal rights by administrative tribunals, remedies for charter breaches. Readings - Nova Scotia (Workers' Compensation Board) v. Martin, Paul v. British Columbia (Forrest Appeals Commission), Text, pp 932-946 (Weber v. Ontario Hydro), Administrative Tribunals Act, S.B.C. 2004, c. 45, ss 43-45, Administrative Procedures and Jurisdiction Act, R.S.A. 2000, c. A-3, ss 10-16 (as inserted by S.A. 2005, c. 4), Multani v. Commission Scolaire Marguerite-Bourgeoys.
10 Remedies Introduction, certiorari & the other prerogative writs, standing, discretion of the court. Readings - Text, chapters 13, 14 & 15, May v. Ferndale Institution (previously assigned in week 3), Ontario (Children's Lawyer) v. Ontario (Information and Privacy Commissioner).
11 Remedies contd. Previous week's topic continued
12 Course Conclusions and Exam Review Review of the course, future developments in administrative law, exam preparation.