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<div> The constantly developing norm of access to justice is moving to occupy a central place in the administrative justice system, prompting a need to rethink
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In Canada, access to post-secondary education is guaranteed by a number of domestic instruments. These instruments are: statutory human rights legislation, constitutional law, and accessibility legislation. These guarantees are further bolstered by Article 24 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Statutory human rights legislation (or anti-discrimination law) plays the most extensive role in controlling the discretionary power that colleges and universities exercise with respect to the admission of prospective students and the reasonable accommodation of matriculated students with disabilities. This article presents the findings of a review of decisions by human rights tribunals in Canada over the 7-year period of 2014–2021. With respect to both admissions cases and in-program reasonable accommodations cases, it identifies the main types of barriers experienced by persons with disabilities. It also examines the ways in which accessibility legislation, a proactive standard-setting form of legislation in Canada, has sought to improve access to post-secondary students with disabilities, focusing on Ontario’s post-secondary education accessibility standards as an example. Finally, it argues that changes to policies and practices on the ground that draw more inspiration from Article 24 of the CRPD will help to ensure that the equality right to post-secondary education for students with disabilities is fulfilled in letter and spirit.
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The prospect of political interference is at the heart of the SNC-Lavalin controversy. But it raises more issues related to identifying and preventing inappropriate interference.
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In this article, the administrative law decisions rendered by the Supreme Court of Canada during the 2004-2005 term are reviewed. These decisions addressed four major issues: i) exclusive and concurrent jurisdiction between competing adjudicative bodies; ii) the right to independent adjudication; iii) standard of review; and iv) expertise and deference. Questions relating to exclusive and concurrent jurisdiction occupied the most significant part of the Supreme Court's administrative law energy during the 2004-2005 term. The author analyzes these decisions on jurisdiction, paying particular attention to the many divides between the members of the Court. She argues that the decisions on jurisdiction ratione material between competing tribunals reflect a contest of two administrative law values that have become central to the Canadian administrative state: expertise and expediency. The Supreme Court's approach, which tends to privilege expediency, may have the effect of denying litigants the opportunity to obtain the most appropriate resolutions to their disputes - resolutions that benefit from the expertise and experience of the tribunals themselves. She also highlights the value of including the individual litigant's view of the dispute in the search for its essential character and possible parameters to the essential character test. Finally, the author discusses the issues related to interpreting legislative intent that arise in the cases concerning the right to independent adjudication and core expertise.
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The constantly developing norm of access to justice is moving to occupy a central place in the administrative justice system, prompting a need to rethink the values that should serve to animate the system. This article offers a framework for the administrative justice system in Canada, one that firmly and explicitly entrenches the value of access to administrative justice within it. It reflects on the requirements to achieve access for a significant population of its users – namely, equality-deserving communities. The author looks at the historical reasons why access to justice has been a concern for equality-deserving communities, and introduces the concept of social equity from the discipline of public administration as a tool to assist in addressing some of the structural and systemic access-to-administrative-justice challenges experienced. The author rearticulates the foundational values of administrative law in Canada to incorporate access to administrative justice as a distinct value, one that engages with access-to-justice barriers relating to structural and systemic inequality. In doing so, she details five core principles that underpin the new value of access to administrative justice and cites examples of recent tribunal reform projects in Canada that illustrate promising innovations in that direction. Finally, the author describes briefly the ways in which institutional design and tribunal culture can contribute to enhancing the value of access to administrative justice within the broad, on-the-ground context of different administrative actors. Overall, this article presents an analysis of the dynamic interaction between marginalized populations and the administrative state in order to move forward judicial and other contemporary discussions about access to administrative justice and how it should be defined.
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Evaluating Ombuds Oversight in the Canadian Access to Information Context: A Theoretical and Empirical Inquiry - 1
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