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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 01:31, 7 August 2020
, 01:31, 7 August 2020→1. Judicial Review
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If you receive an unfavourable decision from an agency’s appeal process or object to the appeal process itself, you may have recourse to the courts. Sometimes regulations give an individual a right to appeal directly to the courts. If so, one should use this direct right to appeal rather than the general judicial review procedure. However, even if an individual has no express statutory right to appeal to the courts, superior courts have inherent jurisdiction to review administrative action to ensure that administrative decision-makers do not exceed the authority granted to them by statute. | If you receive an unfavourable decision from an agency’s appeal process or object to the appeal process itself, you may have recourse to the courts. Sometimes regulations give an individual a right to appeal directly to the courts. If so, one should use this direct right to appeal rather than the general judicial review procedure. However, even if an individual has no express statutory right to appeal to the courts, superior courts have inherent jurisdiction to review administrative action to ensure that administrative decision-makers do not exceed the authority granted to them by statute. | ||
The courts have developed criteria against which to assess the adequacy of government agencies’ decision-making procedures. These criteria form the heart of administrative law. It is not within the scope of this section to attempt a comprehensive overview of the basic principles of administrative law. Interested parties can find an excellent introduction to these fundamental principles in ''Dunsmuir v New Brunswick'', 2008 SCC 9. Bastarache and Lebel JJ for the majority provide the following description at paragraphs 27-28: | The courts have developed criteria against which to assess the adequacy of government agencies’ decision-making procedures. These criteria form the heart of administrative law. It is not within the scope of this section to attempt a comprehensive overview of the basic principles of administrative law. Interested parties can find an excellent introduction to these fundamental principles in ''[https://www.canlii.org/en/ca/scc/doc/2008/2008scc9/2008scc9.html Dunsmuir v New Brunswick]'', 2008 SCC 9. Bastarache and Lebel JJ for the majority provide the following description at paragraphs 27-28: | ||
As a matter of constitutional law, judicial review is intimately connected with the preservation of the rule of law... By virtue of the rule of law principle, all exercises of public authority must find their source in law. All decision-making powers have legal limits, derived from the enabling statute itself, the common or civil law or the Constitution. Judicial review is the means by which the courts supervise those who exercise statutory powers, to ensure that they do not overstep their legal authority. The function of judicial review is therefore to ensure the legality, the reasonableness and the fairness of the administrative process and its outcomes. | As a matter of constitutional law, judicial review is intimately connected with the preservation of the rule of law... By virtue of the rule of law principle, all exercises of public authority must find their source in law. All decision-making powers have legal limits, derived from the enabling statute itself, the common or civil law or the Constitution. Judicial review is the means by which the courts supervise those who exercise statutory powers, to ensure that they do not overstep their legal authority. The function of judicial review is therefore to ensure the legality, the reasonableness and the fairness of the administrative process and its outcomes. | ||
