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The Oxford Handbook of the Canadian Constitution edited by Oliver, Peter; Macklem, Patrick; Des Rosiers, Nathalie (19th October 2017)

Part II Institutions and Constitutional Change, C The Courts, Ch.11 Courts, Administrative Agencies, and the Constitution

Lorne Sossin

From: The Oxford Handbook of the Canadian Constitution

Edited By: Peter Oliver, Patrick Macklem, Nathalie Des Rosiers

This chapter sets out the constitutional foundation for courts and administrative agencies in Canada. It examines the constitutional foundations for Canadian courts, including Canada’s constitutional texts; unwritten constitutional principles such as judicial independence, access to justice, and the rule of law; quasi-constitutional statutes such as the Supreme Court Act; and the common law Constitution. The chapter next considers the constitutional foundations for administrative agencies, particularly around the extent to which agencies can implement and are subject to the Constitution. Finally, the chapter situates the discussion of administrative agencies against the backdrop of Canada’s separation of powers, including emerging dynamics flowing from Indigenous self-government.

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