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Difference between revisions of "Review of Administrative Decisions for Public Complaints (5:III)"
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Review of Administrative Decisions for Public Complaints (5:III) (view source)
Revision as of 22:55, 29 November 2022
, 22:55, 29 November 2022→d) Remedies of Judicial Review
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::All decision-makers are expected to act in good faith and not to discriminate on the basis of irrelevant criteria. Parties are entitled to a decision made by persons untainted by the appearance of bias or conflicts of interest. A tribunal has a duty to at least consider exercising any discretion it may have. | ::All decision-makers are expected to act in good faith and not to discriminate on the basis of irrelevant criteria. Parties are entitled to a decision made by persons untainted by the appearance of bias or conflicts of interest. A tribunal has a duty to at least consider exercising any discretion it may have. | ||
===== d) Remedies of Judicial Review ===== | |||
Several remedies are available through judicial review: | Several remedies are available through judicial review: | ||
:a) an order in the nature of ''mandamus'' that requires a tribunal to exercise certain powers; | |||
:b) an order in the nature of ''prohibition'' that prohibits a tribunal from exercising unlawful authority; | |||
:c) an order in the nature of ''certiorari'' that quashes a tribunal decision; | |||
:d) where there is an exercise, refusal to exercise, or a proposed or purported exercise of a statutory power, an injunction or declaration from the court; or | |||
:e) a court-issued declaration to clarify the law. | |||
A party may also challenge a tribunal decision via a civil action for a declaration or injunction. For non-statutory tribunals, this is the only method of challenge. This is also the only method of challenge wherein the court may grant damages. | A party may also challenge a tribunal decision via a civil action for a declaration or injunction. For non-statutory tribunals, this is the only method of challenge. This is also the only method of challenge wherein the court may grant damages. | ||
'''NOTE:''' Justice Access Centres are now open with locations in Abbotsford, Nanaimo, Surrey, Vancouver and Victoria. The centres can help clients access and fill out the required forms to file for Judicial Review, provide information about legal issues and refer individuals to services and resources that may be helpful. Please contact the centre nearest you for additional support. For more information visit: [http://www.gov.bc.ca/Justice-Access-Centre www.gov.bc.ca/Justice-Access-Centre]. | :'''NOTE:''' Justice Access Centres are now open with locations in Abbotsford, Nanaimo, Surrey, Vancouver and Victoria. The centres can help clients access and fill out the required forms to file for Judicial Review, provide information about legal issues and refer individuals to services and resources that may be helpful. Please contact the centre nearest you for additional support. For more information visit: [http://www.gov.bc.ca/Justice-Access-Centre www.gov.bc.ca/Justice-Access-Centre]. | ||
=== 2. Ombudsperson === | === 2. Ombudsperson === | ||
