Governments, tribunals and regulatory bodies make decisions that can significantly affect individuals, businesses, non-profit organizations and Indigenous Nations. Those decisions must be made within the decision-maker’s legal authority and through a fair process.
We advise and represent clients in administrative proceedings, professional disciplinary proceedings, judicial reviews and other disputes involving government action, regulatory authority and public decision-making.
Administrative Decisions and Tribunal Proceedings
Administrative decision-makers include government officials, ministries, municipalities, commissions, professional bodies and specialized tribunals. Their decisions may affect licences, permits, property, businesses, benefits, professional standing and other legal interests.
We assist clients with:
- Understanding the decision-maker’s authority and process
- Responding to investigations, notices and proposed decisions
- Preparing written submissions and supporting evidence
- Participating in administrative hearings
- Requesting reasons, reconsideration or internal review
- Statutory appeals
- Applications for stays or other interim relief
- Challenging or defending administrative decisions
Early advice is particularly important because the evidence and arguments presented to the original decision-maker may shape any later appeal or judicial review.
Judicial Review
Judicial review allows the courts to examine the legality of a decision made under statutory authority.
A judicial review is generally not a new hearing of the entire dispute. The court considers whether the decision-maker acted within its authority, followed a fair process and made a decision that satisfies the applicable legal standard.
Potential grounds for judicial review may include:
- Acting outside the decision-maker’s statutory authority
- Applying an incorrect legal test
- Reaching an unreasonable decision
- Failing to consider relevant evidence or statutory requirements
- Relying on irrelevant considerations
- Failing to provide a fair opportunity to be heard
- Bias or a reasonable apprehension of bias
- Inadequate reasons
- Fettering discretion
- Unreasonable delay or refusal to make a decision
Depending on the circumstances, the court may set aside the decision, declare it invalid, prohibit an unauthorized exercise of power or return the matter to the decision-maker for reconsideration.
Procedural Fairness
The content of procedural fairness depends on the legislation, the nature of the decision and its effect on the people involved.
Fairness may require:
- Adequate notice of the issues
- Disclosure of relevant information
- A meaningful opportunity to respond
- An unbiased decision-maker
- A hearing appropriate to the circumstances
- Consideration of the evidence and submissions
- Understandable reasons for the result
We help clients identify procedural problems, raise them at the appropriate stage and create a clear record of the objection.
Environmental, Land-Use and Resource Decisions
Environmental and land-use decisions often involve overlapping statutory, regulatory, scientific and public-interest considerations.
We advise and represent clients in matters involving:
- Environmental approvals and permits
- Contaminated sites and remediation requirements
- Land-use and development decisions
- Resource-management decisions
- Environmental assessments
- Compliance and enforcement orders
- Administrative penalties
- Public access and use of land
- Decisions affecting water, roads and other public resources
- Consultation and accommodation obligations
- Judicial review of environmental and resource decisions
These matters may require coordination with environmental consultants, engineers, planners, Indigenous knowledge holders and other experts.
Regulatory and Licensing Matters
Government and regulatory decisions can affect whether a person or organization may operate, practise a profession, pursue a development or continue an existing activity.
We assist with matters involving:
- Licences, permits and approvals
- Compliance investigations
- Enforcement proceedings
- Administrative monetary penalties
- Professional and occupational regulation
- Municipal and local-government decisions
- Statutory interpretation
- Regulatory appeals and reconsiderations
- Judicial review of regulatory decisions
Where possible, we address issues during the administrative process rather than waiting until an adverse decision has been made.
Constitutional and Charter Issues
Government legislation, decisions and actions must comply with the Constitution of Canada, including the Canadian Charter of Rights and Freedoms.
We advise on constitutional issues arising in civil, administrative and public-law proceedings, including:
- The constitutional authority of governments
- Charter rights and freedoms
- Government action affecting protected rights
- Constitutional questions arising before courts or tribunals
- Remedies for unconstitutional legislation or government conduct
Constitutional litigation involves specialized procedural and notice requirements. These issues should be identified early in the proceeding.
Indigenous Rights and Government Decision-Making
We advise and represent Indigenous Nations and other clients in matters involving government decisions, statutory processes and constitutionally protected Indigenous rights.
Our work may include:
- Consultation and accommodation
- Environmental and resource decisions
- Land and access issues
- Regulatory proceedings
- Administrative decision-making
- Constitutional issues
- Judicial review and appeals
These matters require careful attention to the legal framework, the evidentiary record and the particular history and interests of the Nation involved.
Urgent and Interim Relief
A government or tribunal decision may take effect before an appeal or judicial review can be heard. In appropriate cases, it may be necessary to seek a stay, injunction or other interim order to preserve the existing situation and prevent serious harm.
Urgent applications require prompt assessment of:
- The challenged decision
- Available review or appeal procedures
- Applicable deadlines
- The evidentiary record
- Potential harm if the decision takes effect
- The interests of other affected parties
- The practical consequences of an interim order
Clients should obtain advice as soon as they receive notice of a decision or proposed government action.
Appeals and Judicial Review Are Different
A statutory appeal and a judicial review are not interchangeable.
A right of appeal exists only where legislation provides one. The legislation may restrict the issues that can be appealed, the applicable standard and the available remedy. Judicial review instead examines the legality and fairness of an exercise of public authority.
Some matters require internal review or appeal procedures to be used before judicial review is available. Strict filing or notice deadlines may also apply. Delay can affect the availability of relief even where no fixed deadline is stated.
We assess the governing legislation and procedural history to determine the appropriate route.
Speak With a Public-Law Lawyer
Public-law disputes are procedurally complex, and the available response may depend on steps taken immediately after a decision is proposed or made.
Contact Columbia Valley Law Corporation to discuss a government, tribunal or regulatory decision and whether an administrative appeal, judicial review or other proceeding may be available.