| Abstract: | 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. |
