Administrative Law in Context.

• Author: Krane, Joshua A.
• Position: Book review

Colleen Flood et al., eds., Administrative Law in Context (Toronto: Emond Montgomery, 2008), pp. 439.

Administrative Law in Context is one of the latest hardcover teaching tools released by Emond Montgomery. (1) The text is sure to add yet more colour (this edition baby blue) to the rainbow of similar Montgomery publications already on the bookshelves of Canadian law students. Pedagogically, Administrative Law is a mixed blessing. The book is composed entirely of secondary sources. Key cases are accessible through a supplementary website. This focused approach is a welcome departure from the form of many other administrative law textbooks. The timing of Administrative Law's publication, however, meant that critical analysis of the Supreme Court of Canada's recent Dunsmuir v. New Brunswick decision could not be incorporated. (2)

Administrative Law is more accurately described as a lawyer's guide to "judicial review of administrative action" as opposed to a work on administrative law "in context" or on the administrative process. The book's consideration of judicial review is thorough. But in their overall failure to critically consider the role of administrative agencies and agents, the editors miss a golden opportunity to truly contextualize the subject matter.

Pedagogical Utility

Administrative Law stands apart from many similar publications in the editors' reliance upon secondary source materials for the entirety of the text. (3) The contributing authors provide analyses of key cases in the field including Baker v. Canada (Minster of Citizenship and Immigration) (4) and Suresh v. Canada (Minister of Citizenship and Immigration), (5) both of which are examined in several chapters. Montgomery supplements the text with a companion website that makes all the major cited cases available for download free of charge. This is an innovative way of helping to condense and structure inherently difficult material. Administrative Law should serve as a model for other teaching tools in less case-focused areas of the law, such as remedies, civil procedure, and criminal procedure.

Whereas the book's aforementioned organization is commendable, the apparent decision not to delay publication following the Dunsmuir ruling is problematic. It came at an especially inopportune time for Professor Audrey Macklin, the author of "Standard of Review: The Pragmatic and Functional Test" (Chapter 8). Dunsmuir is most notable for replacing the pragmatic and functional...