Lifeworlds of Administrative Law




Jensen, Leif

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Administrative law is largely missing in conversations about the legal context of ‘reconciliation’ in Canada. To the extent that those conversations consider administrative law, the discussion tends to revolve around the relationship between federal courts and self-governing nations. While this is important, this does not address the role, and responsibility, of Canadian administrative agencies. This is unfortunate because these agencies have a significant impact on the day-to-day lives of those who live in Canada. This thesis argues that the culture of justification, now central to Canadian administrative law, requires that administrative agencies take a different approach to matters involving Indigenous parties. This approach must be centered on a recognition of – and appreciation for – the Indigenous lifeworlds, and the distinctions between those lifeworlds and the lifeworld of Canadian constitutional liberalism.



law, administrative law, labour law, employment law, residential tenancies, aboriginal rights, indigenous