LGL126 - Administrative Law

Outline info
Semester
School
Last revision date 2017-09-19 11:33:01.72
Last review date 2017-09-19 11:33:01.72


Subject Title
Administrative Law

Subject Description
This subject introduces students to the general principles of administrative law and the enforcement of government legislation before designated boards and agencies. Students examine relevant Ontario legislation including the Statutory Powers Procedure Act.

Credit Status
This is a credit course applicable to the Paralegal Certificate Program offered through the Faculty of Continuing Education and Training.

Learning Outcomes
Upon successful completion of this subject the student will be able to:

1. Identify and analyze the key components of  relevant primary legislation (e.g.,Judicial Review Procedure Act, Statutory Powers Procedures Act, Human Rights Legislation, Charter of Rights and Freedoms).

2. Determine the basic principles of administrative law (e.g., natural justice, fairness, discretion, bias, substantive review of public decision making).

3. Compare and contrast the functions and jurisdiction of courts and administrative tribunals.

4. Demonstrate an understanding of the general nature, functions and procedures of tribunals.

5. Identify various tribunals' enabling legislation.

6. Explain Charter claims and remedies within an administrative law context.

7. Interpret tribunal decisions.

8. Demonstrate an understanding of appeals, judicial review and standard of review.

9. Display an attitude of professionalism, as evidenced by an ability to meet deadlines, complete assignments and perform tests and in-class assignments as scheduled.


Essential Employability Skills
Communicate clearly, concisely and correctly in the written, spoken and visual form that fulfils the purpose and meets the needs of the audience.

Respond to written, spoken, or visual messages in a manner that ensures effective communication.

Use a variety of thinking skills to anticipate and solve problems.

Locate, select, organize, and document information using appropriate technology and information systems.

Analyze, evaluate, and apply relevant information from a variety of sources.

Show respect for diverse opinions, values, belief systems, and contributions of others.

Interact with others in groups or teams in ways that contribute to effective working relationships and the achievement of goals.

Manage the use of time and other resources to complete projects.

Take responsibility for one's own actions, decisions, and consequences.

Cheating and Plagiarism
Each student should be aware of the College's policy regarding Cheating and Plagiarism. Seneca's Academic Policy will be strictly enforced.

To support academic honesty at Seneca College, all work submitted by students may be reviewed for authenticity and originality, utilizing software tools and third party services. Please visit the Academic Honesty site on http://library.senecacollege.ca for further information regarding cheating and plagiarism policies and procedures.

Discrimination/Harassment
All students and employees have the right to study and work in an environment that is free from discrimination and/or harassment. Language or activities that defeat this objective violate the College Policy on Discrimination/Harassment and shall not be tolerated. Information and assistance are available from the Student Conduct Office at student.conduct@senecacollege.ca.

Accommodation for Students with Disabilities
The College will provide reasonable accommodation to students with disabilities in order to promote academic success. If you require accommodation, contact the Counselling and Disabilities Services Office at ext. 22900 to initiate the process for documenting, assessing and implementing your individual accommodation needs.

Prerequisite(s)
All Module One Courses
 
It is your responsibility to ensure that program requirements and course prerequisites as outlined are met. Prerequisites are included for your academic protection. Course content and your instructor's teaching assumes that students are academically prepared and instruction will proceed accordingly. Students lacking prerequisites not only jeopardize their own ability to succeed but present unnecessary interruption. If you lack appropriate prerequisites (or advanced standing for the prerequisite course) you may be asked to withdraw or transfer to a more appropriate course with the risk of academic/financial penalty.

Topic Outline
I. Introduction to Administrative Law
 

A. Public Law:  Introduction and Overview 
B. Agency Decisions-generally


II. Basic Principles of Administrative Law 

A. Nature, role and functions of agencies
B. Comparison of courts and regulatory boards and agencies
C. Enabling legislation


III. Procedural Fairness

A. Basic principles of administrative law 

  • Jurisdiction
  • Discretion
  • Procedural fairness
B. Procedural fairness and natural justice


IV. Administrative Law Legislation

A. Statutory Powers Procedure Act 
B. Judicial Review Procedure Act


V.  Right to be Heard and  Bias

A. Right to be heard
B. Bias


VI. Agencies Generally

VII. Decisions of Administrative Bodies

A. Decision-making process
B. Reasons for decisions
C. Releasing and communicating decisions


VIII. Enforcement of Orders

A. Authority to enforce
B. Enforcement mechanisms and remedies
C. Contempt proceedings


IX. Challenging Decisions

A. Reconsideration or review
B. Appeal
C. Judicial review
D. Privative clause
E. Statutory provisions and prerogative writs

Mode of Instruction
Students learn through interactive classroom lectures, discussion and group problem solving. 

It is the student's responsibility to save documents, articles and notes that the instructor has provided on Blackboard or in class. Students will not be able to access Blackboard as of the last day of the student's class. 

Prescribed Texts
Swaigen, John. Administrative Law: Principles and Advocacy. Toronot: Emond Montgomery Publications. 3rd Edition. ISBN# 9781552396674





Reference Material

Human Rights Code (Ontario), R.S.O. 1990, as amended 
Statutory Powers Procedure Act, R.S.O. 1990, as amended 
Robert Macauley, Practice and Procedure Before Administrative Tribunals, Student Edition, Carswell  

Promotion Policy

Grading Policy
A+ 90%  to  100%
A 80%  to  89%
B+ 75%  to  79%
B 70%  to  74%
C+ 65%  to  69%
C 60%  to  64%
D+ 55%  to  59%
D 50%  to  54%
F 0%    to  49% (Not a Pass)
OR
EXC Excellent
SAT Satisfactory
UNSAT Unsatisfactory

For further information, see a copy of the Academic Policy, available online (http://www.senecacollege.ca/academic-policy) or at Seneca's Registrar's Offices.



Modes of Evaluation
Grading is based on the following marking scheme:

Term Test 50%
Final Exam 50%

Materials permitted into tests and exams are at the discretion of the instructor.


Students must attain a grade of at least 50% to pass the course.

Please Note
  • Exams are evaluated on subject knowledge as well as correct language usage, organization, and mastery of the subject. 

Absenteeism and Tests
  • Students should be aware that absenteeism will impact on their ability to achieve satisfactory grades.
  • If you miss a test, you must provide the reason in writing to the instructor prior to the next scheduled class. If your reason is accepted, you will be permitted to write a make-up test. Otherwise, you will be given a zero for the test. You must submit an original doctor’s certificate identifying the date, length of time of expected absence and the specific reason for your absence, or other appropriate documentation.
Academic Honesty

Students at Seneca College are expected to be honest and forthright in their academic endeavours. When students cheat on an examination, steal the words or ideas of another, or falsify their research results, it corrupts the learning process. A Seneca College degree, diploma or certificate signifies to society mastery of a set of defined learning outcomes in a designated field of study. If academic credit is obtained dishonestly, the value of every graduate's diploma in the field of study is diminished, as is the reputation of the college as a whole.   

Penalties for Academic Dishonesty

The penalty for a first offence is a grade of '0' on the assignment or examination. The penalty for the second offence is expulsion for a time period determined by the Academic Honesty Committee, normally for a minimum of three terms. For further information refer to the policies section of the Seneca College student handbook, or to the following website: http://library.senecacollege.ca/Academic_Honesty/



Approved by: Sandra Noble