The Canadian Institute > The Law of Policing

The Law of Policing

Navigating the Changing Landscape of Oversight, Discipline & Civil Liability

Wednesday, May 05 to Thursday, May 06, 2010
The Sutton Place Hotel, Toronto, ON, Canada

Pre-Conference Workshop
Tuesday, May 4

2 p.m. – 5 p.m. (registration opens at 1:30 p.m.)

The Fundamentals of Administrative Law

Caroline V. (Nini) Jones
Partner
Paliare Roland Rosenberg Rothstein LLP

Police are familiar with the model of criminal justice, and operate within an organizational model derived from the military. But disciplinary and other decisions fall under administrative law, not criminal law, and those involved in the process need to understand the distinctions and what they mean. In this popular Canadian Institute workshop, you’ll receive an intensive introduction to the essential concepts of administrative law in just half a day.

  • The policy underlying the system of administrative justice
  • The source of tribunal jurisdiction
  • Natural justice / the principles of fundamental justice
  • Constitutional and Charter issues
  • Applicable procedural statutes
  • Guideline, policy and rule-making authority
  • Independence and bias: key legal principles
  • What is a privative clause, and what is its practical implication?
  • Burden of proof, standard of proof
  • Judicial review
    • sources of authority
    • difference from appeals
    • remedies
    • what does “standard of review” mean?
  • Leading cases in administrative law

Nini Jones completed her LL.B. at the University of Toronto Faculty of Law, where she won various prizes, including the Dean’s Key. She practices labour, employment, administrative, human rights law, as well as general civil litigation and has appeared before various administrative law tribunals, and all levels of courts. Ms. Jones represents police associations throughout Ontario in all aspects of police employment and labour relations.