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Judicial review in Canada has its roots in the English common law system, where there are two sources of judicial review: the prerogative writs of certiorari and mandamus, and actions for damages. [3] The British colonies that now form Canada were subject to administrative law from their very beginnings.
Baker v Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817 is a leading Canadian administrative law decision of the Supreme Court of Canada. The Court provided guidance on the standard of judicial review of administrative decisions. The issue was what standard of procedural fairness should be applied when considering the ...
Judicial review is one of the checks and balances in the separation of powers—the power of the judiciary to supervise (judicial supervision) the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within ...
Binnie J. wrote for the majority, who found that s. 18.1 of the Federal Courts Act set out the threshold grounds which permit but do not require the court to grant relief when conducting judicial review. Binnie J. held that "whether or not the court should exercise its discretion in favour of the application will depend on the court's ...
This Board is a quasi-judicial tribunal funded and managed as part of the Ministry of Agriculture. Financial and Consumer Affairs Authority of Saskatchewan consumer protection: Heritage Review Board heritage property: The HRB "provides a platform for public objections to proposed designations, repeals, alteration, or demolition of designated ...
(Reuters) -TikTok's Canadian unit said it has filed an emergency motion with Canada's Federal Court seeking a judicial review of an order that the company shut down its operations in the country ...
In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review.
Dunsmuir v New Brunswick, 2008 SCC 9, [2008] 1 SCR 190 was, prior to Canada (Minister of Citizenship and Immigration) v Vavilov, [1] the leading Supreme Court of Canada decision on the topic of substantive review and standards of review.