Suing Canadian governments
Core public policy and operational decisions
Bibliographic Data
| ID | 9784098 |
|---|---|
| Authors | Alex Marland (0000-0001-8699-6766, Department of Political Science, corresponding author), Philip Osborne (Department of Political Science), Mario Levesque (0009-0009-1333-5866, Department of Political Science) |
| Year | 2020 |
| Volume | 63 |
| Issue | 4 |
| Pages | 543-562 |
| Publication date | 2020-12-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Canadian Public Administration (JOURNAL) |
| Journal identifiers | ISSN: 0008-4840 • E-ISSN: 1754-7121 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/capa.12396 |
| OpenAlex | W3112324406 |
| Language | EN |
| References cited | 19 |
Challenges in distinguishing between core policy and operational decisions in the public policy process have spawned a legal grey area in Canadian public administration. Governments are immune from civil liability for policy decisions made by the cabinet yet they remain exposed to liability for operational decisions by public servants. We seek to raise awareness of this nexus within the Canadian public administration community by drawing on key interviews with lawyers, former attorneys general, a former premier, a former judge and a legal scholar. We explain that demarcating policy from operational decisions relies on written documentation that is difficult to locate and may not exist. Clarity is desired, but Canadian courts are reluctant to overrule a public authority’s opinion, which is based on socio‐economic and political considerations. We conclude with observations for public administrators
Administration (probate law · Business · Cabinet (room · Civil servants · CLARITY · Documentation · Legal liability · Liability · Nexus (standard · Political science · Politics · Public opinion · Public policy · Public relations · Engineering · Law · Political Systems and Governance · Public Administration · Public Policy and Administration Research · Regulation and Compliance Studies
Understanding Public Policy
Street-Level Bureaucrats and Institutional Innovation
Agendas, alternatives, and public policies
Making or Administering Law and Policy? Discretion and Judgment in Employment Standards Enforcement in Ontario
Displacement as Regulation
Getting at the Live Archive
Comparing Accountability in the Public and Private Sectors
Truth in Government and the Politicization of Public Service Advice
Governance modes, policy regimes and operational plans
Understanding and Evaluating Bureaucratic Politics
The Implementation of Public Policy
The Implementation of Public Policy
Feminists and the Courts
Crowning glory
| Citation velocity | historical |
|---|---|
| Highly cited | No |