Part II Essay Question  –  50% of exam total  (Marked out of 25 points)

You have six essay choices. You are required to answer ONLY ONE of the following 6 questions.  You will not be given extra marks if you answer more than one question.

You may use paragraph or point form.   double-spaced pages.  You will be marked on content and style and your ability to provide sound arguments and authorities to support your views.

  1. If prison management denies prisoners in a federal penitentiary prescribed benefits and services, put them into administrative detention and/or transfer them to another less desirable prison, what administrative law, statutory and/or constitutional remedies do prisoners have?

Discuss with reference to requirements of maintaining peace, order and safety, the institutional restrictions on obtaining adequate evidence, administrative fairness, the Canada Human Rights Code and CCRF.

  1. What is the duty of administrative fairness? When, how and why did the SCC adopt this remedy to resolve administrative law disputes?  Making reference to case law, has this doctrine been expanded or limited?  Describe and discuss.
  2. The River City Fire Chief in Ontario recently terminated a female firefighter with two years’ service because she could not meet a new fitness standard. This standard of carrying a specified heavy weight down a ladder and running 300 metres in one minute. was developed by the Fire Chief.  He also fired a Sikh paramedic attached to his service because the paramedic refused to wear a facemask when treating fire victims on site due to his religious beliefs.  As legal counsel advise the terminated employees of their legal remedies.  Also include counter arguments by the Fire Chief.   Describe and discuss.
  3. Describe the difference between procedural and substantive judicial review in terms of what the courts may order and what they do. Describe how the standards of review have changed between CUPE v. N.B. Liquor Board and Dunsmuir v. New Brunswick.  Do the new standards make better sense than the old?  Did the SCC subsequently confirm its approach and require that the provincial Courts of Appeal give deference in applying the standards to lower courts and tribunals.  Is further SCC action needed? Describe and discuss.
  4. In terms of delivering a public program or service, describe the advantages and disadvantages of using a government department over using an administrative regulatory agency or tribunal. When a decision needs to be appealed from either a government department or administrative agency/tribunal, what are the advantages and disadvantages of putting such decision-making in the hands of a court of law rather than a department or administrative tribunal/regulatory board.  Describe and discuss.
  5. Administrative tribunals and regulatory boards in Canada do not presently have the degree of independence from political control that law courts have. What controls do governments presently have over such bodies to keep their decision making consistent with government policies?  Do you think they should have the same degree of independence as courts?  Making reference to case law, describe and discuss.