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

From Clicklaw Wikibooks
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==== b) Judicial Review Procedure ====
==== b) Judicial Review Procedure ====


A party applying for judicial review must first determine whether the Federal Court or a provincial superior court has authority to decide on the matter. As a general rule, provincial jurisdiction includes tribunals established within provincial constitutional jurisdiction and tribunals created by the province due to a delegation of powers by the federal government.
A party applying for judicial review must first determine whether the Federal Court or a provincial superior court has the authority to decide on the matter. As a general rule, provincial jurisdiction includes tribunals established within provincial constitutional jurisdiction and tribunals created by the province due to a delegation of powers by the federal government.


===== (1) Federal Court =====
===== (1) Federal Court =====
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Applicants who cannot afford the filing fees for judicial review may apply for an indigency order pursuant to Rule 20-5 in Appendix C, Schedule 1 of the BC ''Supreme Court Civil Rules''. Indigency status affords the applicant relief from all court fees and is available to those with low income and limited earning potential.  Note that the process for indigency applications is complicated.
Applicants who cannot afford the filing fees for judicial review may apply for an indigency order pursuant to Rule 20-5 in Appendix C, Schedule 1 of the BC ''Supreme Court Civil Rules''. Indigency status affords the applicant relief from all court fees and is available to those with low income and limited earning potential.  Note that the process for indigency applications is complicated.


David Mossop, Kendra Milne & Jess Hadley, ''Representing Yourself in a Judicial Review'', 2d ed (Vancouver: Community Legal Assistance Society,  2010), online: <https://judicialreviewbc.ca/>.
David Mossop, Kendra Milne & Jess Hadley, ''Representing Yourself in a Judicial Review'', 2d ed (Vancouver: Community Legal Assistance Society,  2010), online: <https://judicialreviewbc.ca/>.


==== c) Scope of Judicial Review ====
==== c) Scope of Judicial Review ====
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