Difference between revisions of "Review of Administrative Decisions for Public Complaints (5:III)"

For matters within the jurisdiction of the BC Legislature, the ''Judicial Review Procedure Act'', RSBC 1996, c 241 [JRPA], provides for the judicial review of the “exercise, refusal to exercise, or proposed or purported exercise, of a statutory power” (JRPA, s 2(2)(b)).  This includes the power to review decisions “deciding or prescribing (a) the legal rights, powers, privileges, immunities, duties or liabilities of a person, or (b) the eligibility of a person to receive, or to continue to receive, a benefit or licence...” (''JRPA'', s 1).  In a proceeding under the JRPA, the court has broad powers to craft a suitable remedy; most often the case will be returned to the tribunal for reconsideration in light of the court’s findings of law or fact (see '''Section I.F.4: Available Remedies''', below).  An application under the JRPA can be brought before a Supreme Court judge in Chambers.  Although this is a less expensive procedure than a trial, it may still be beyond the means of many individuals.