Dogs and Tails: Remedies in Administrative Law

Abstract

Administrative law in Canada, as in many other Commonwealth countries, centers around judicial review doctrine. Sometimes, one may even get the sense that administrative law and administrative law remedies begin at the point at which a party to an administrative action seeks judicial review of that action through the courts. Yet an overly tight focus on court action misses the hugely important first step in real-life administrative action: the varied and sometimes creative, purpose-built remedies that a tribunal itself may impose. This chapter seeks to provide a broader overview of administrative law remedies as a whole, including not only judicial review but also tribunal decisions at first instance, internal and external appeals, enforcement mechanisms, extralegal strategies, and private law remedies. Along the way the chapter surveys, among other things, some of the unique characteristics of administrative agencies relative to courts, and the Supreme Court of Canada’s evolving understanding of the Rule of Law as a dialogue between branches of government