Symposium 2019: Human Rights in Administrative Agencies
Most observers of the law tend to assume that the courts are the primary arbiters of human rights claims, especially with respect to claims brought under bills of rights, such as the Canadian Charter, the UK Human Rights Act, or NZBORA. As time passes, however, it is clear that administrative agencies and tribunals are increasingly called upon to adjudicate human rights claims in the context of their own decision-making. The delegation of discretionary powers to quasi-independent administrative agencies requires those bodies to engage with human rights claims both in interpreting their own mandate as well as in rule-making and adjudication. At a more informal level, Ministers of the Crown, as well as thousands of lower-level officials in government agencies and departments, are forced to confront claims of human rights violations when making day-to-day decisions.
The Journal of Commonwealth Law will host a symposium devoted to exploring the issues inherent in the adjudication of human rights claims in the administrative setting. We will explore the question of the deference to be accorded administrative decision-makers under Dunsmuir, Doré, Chevron, Daly, or Enfield, the standard of review, proportionality analysis, sources of rights claims, or any aspect of administrative decision-making in the human rights context.
The conference will be held at the Université de Montréal on October 18, 2019. The papers will be published in the Journal of Commonwealth Law, a peer-reviewed journal devoted to exploring legal issues from a multi-jurisdictional perspective.
This content has been updated on 16 October 2019 at 22 h 24 min.