Matthew Lewans, BComm, LLB (University of Saskatchewan), BCL (Oxon), LLM (University of Auckland), SJD (University of Toronto)
Matthew Lewans is a Professor at the University of Alberta Faculty of Law. Called to the Saskatchewan Bar, he practiced law for several years before pursuing graduate degrees at the University of Oxford, the University of Auckland, and the University of Toronto. His research and teaching interests concern the interface between administrative law, constitutional law, and jurisprudence. He has published numerous articles in scholarly journals, including the University of Toronto Law Journal, Osgoode Hall Law Journal, Queen’s Law Journal, McGill Law Journal, Constitutional Forum, and the Alberta Law Review, and he has presented his research to local, national, and international audiences. Professor Lewans’ book, Administrative Law and Judicial Deference (Oxford, Hart Publishing, 2016), explores the normative underpinnings of the common law doctrine of judicial deference from historical, comparative, and theoretical perspectives.
An introduction to the legal framework governing the exercise of power by the legislative, executive and judicial branches of the Canadian state, covering who has the power to make new laws, the power to implement laws, and the power to adjudicate disputes. The limitations imposed on these powers by the rules of federalism and by the provisions of the Canadian Charter of Rights and Freedoms are also considered. An introduction to the constitutional provisions concerning Indigenous peoples in Canada is also included.
Designed to provide an understanding of the legal constraints courts have placed on the behavior of administrative tribunals and government departments. Topics to be discussed: What is Administrative Law? How the courts supervise the acts and decisions of administrative bodies. Pitfalls to be avoided by administrative officers: errors of fact and law; excesses of discretion; breach of natural justice. How administrative acts and decisions may be attacked by an aggrieved citizen: remedies. Appeal and review, time limits, locus standi, choice of remedy, procedure. How to avoid attacks by aggrieved citizens. The practical outcome; strength of review. Recent trends in Administrative Law in Canada.