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Canadian Administrative Law
Canadian administrative law is the body of law that addresses the actions and operations of governments and governmental agencies in Canada. That is, the law concerns the manner in which courts can review the decisions of administrative decision makers such as a board, tribunal, commission, agency, or Crown minister, while exercising ministerial discretion. Administrative law is concerned primarily with the legality of administrative decision making and with issues of procedural fairness (rights for those affected by the decision to participate in the decision making process). Administrative law concerns the interpretation of statutes and rules of government operations. Courts, when applying administrative law, look to ensure that administrative or governmental actors and bodies observe and act within the legal limits on their authority. Sources of law The powers of an administrative decision-maker ("ADM") are primarily created by statute, which is known as the "enabling sta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minister Of The Crown
Minister of the Crown is a formal constitutional term used in Commonwealth realms to describe a minister of the reigning sovereign or viceroy. The term indicates that the minister serves at His Majesty's pleasure, and advises the sovereign or viceroy on how to exercise the Crown prerogatives relating to the minister's department or ministry. Ministries In Commonwealth realms, the sovereign or viceroy is formally advised by a larger body known as a privy council or executive council, though, in practice, they are advised by a subset of such councils: the collective body of ministers of the Crown called the ministry. The ministry should not be confused with the cabinet, as ministers of the Crown may be outside a cabinet. In the UK, ministers are the MPs and members of the House of Lords who are in the government. History Ministers of the Crown in Commonwealth realms have their roots in early modern England, where monarchs sometimes employed " cabinet councils" consisting o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dunsmuir V New Brunswick
was, prior to ''Canada (Minister of Citizenship and Immigration) v Vavilov'', the leading Supreme Court of Canada decision on the topic of substantive review and standards of review. ''Dunsmuir'' is notable for combining the reasonableness (simpliciter) and the patent unreasonableness standards of review into a single reasonableness standard. Facts David Dunsmuir was hired by the Department of Justice of the Province of New Brunswick as of February 25, 2002. His work was unsatisfactory to his employer and he received multiple written notices to this effect. Ultimately, his employer decided to terminate his employment as of December 31, 2004. On August 19, 2004, Dunsmuir was informed in a letter that his employment was being terminated. As his employment was not being terminated "for cause," Dunsmuir was granted several months of paid leave with which to find a new job. Dunsmuir grieved his dismissal in a letter sent to the Deputy Minister on September 1, 2004. When his grievance ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cardinal V Director Of Kent Institution
Cardinal or The Cardinal may refer to: Animals * Cardinal (bird) or Cardinalidae, a family of North and South American birds **''Cardinalis'', genus of cardinal in the family Cardinalidae **''Cardinalis cardinalis'', or northern cardinal, the common cardinal of eastern North America * ''Argynnis pandora'', a species of butterfly * Cardinal tetra, a freshwater fish * ''Paroaria'', a South American genus of birds, called red-headed cardinals or cardinal-tanagers Businesses * Cardinal Brewery, a brewery founded in 1788 by François Piller, located in Fribourg, Switzerland * Cardinal Health, a health care services company Christianity * Cardinal (Catholic Church), a senior official of the Catholic Church **Member of the College of Cardinals * Cardinal (Church of England), either of two members of the College of Minor Canons of St. Paul's Cathedral Entertainment Films * ''Cardinals'' (film), a 2017 Canadian film * ''The Cardinal'' (1936 film), a British historical drama * ''T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Knight V Indian Head School Division No 19
''Knight v Indian Head School Division No 19'', 9901 S.C.R. 653 is a leading decision of the Supreme Court of Canada on procedural fairness in Canadian administrative law. The Court created a threshold test to determine whether an administrative process invoked a common law duty of fairness based on the nature of the decision, relationship between the parties, and the effect on the individual claimant. Background Ronald Gary Knight was dismissed as superintendent of a school board. His position was held at pleasure. His dismissal was not for personal reasons, but he claimed procedural fairness should apply and a hearing should have been held. 3 Prong Test In order for procedural fairness to apply at common-law, certain requirements must be met. According to L'Heureux-Dubé J. they are: 1. Nature of the decision to be made by the administrative body: : (a) Administrative vs. Legislative use of power * Administrative powers attract procedural fairness while legislative powers do n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nicholson V Haldimand-Norfolk Reg Police Commrs
''Nicholson v Haldimand-Norfolk Reg Police Commrs'', 9791 SCR 311, is a leading decision of the Supreme Court of Canada in Canadian administrative law. The decision was a landmark reform of administrative law, in which the Court significantly increased the degree of court intervention on procedural grounds. The Court stated that procedural fairness exists on a continuum and that parties are entitled to a certain degree of it based on the setting and their circumstances. Prior to this decision, procedural fairness only applied to tribunals that were classified as "judicial" or "quasi-judicial". Background Nicholson was employed for a period of 15 months by the regional police of Haldimand County when he was terminated without any reason given. The employer claimed that the ''Police Act'' allowed them to dismiss him at will, as he was still within an 18-month probationary period of employment. Nicholson, however, argued that he had a common law right to be treated fairly and be noti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Union Of Public Employees V Ontario (Minister Of Labour)
''Canadian Union of Public Employees v Ontario (Minister of Labour)'', 2003 SCC 29, is a leading Supreme Court of Canada decision on arbitration and bias in administrative law. The court held that it was patently unreasonable for the Minister of Labour to appoint retired judges as arbitrators in labour disputes without considering their expertise in labour relations under the ''Hospital Labour Disputes Arbitrations Act''. Background In Ontario, labour relations at hospitals and nursing homes are regulated under the ''Hospital Labour Disputes Arbitration Act'', RSO 1990, c H14, s 6(5) (''HLDAA''), which require the parties to resolve labour disputes through collective bargaining with compulsory arbitration. Arbitrators were appointed by mutual agreement between the parties, but in case of a dispute, a panel of three arbitrators is selected with one member selected by each side and a third appointed by the Minister of Labour. A list of approved arbitrators was provided under subse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legitimate Expectation
The doctrine of legitimate expectation was first developed in English law as a ground of judicial review in administrative law to protect a procedural or substantive interest when a public authority rescinds from a representation made to a person. It is based on the principles of natural justice and fairness, and seeks to prevent authorities from abusing power. The courts of the United Kingdom have recognized both procedural and substantive legitimate expectations. A procedural legitimate expectation rests on the presumption that a public authority will follow a certain procedure in advance of a decision being taken, while a substantive legitimate expectation arises where an authority makes a lawful representation that an individual will receive or continue to receive some kind of substantive benefit. In determining a claim for an alleged breach of a legitimate expectation, a court will deliberate over three key considerations: * whether a legitimate expectation has arisen; * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the ''Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nemo Judex In Sua Causa
''Nemo judex in causa sua'' (or ''nemo judex in sua causa'') (which, in Latin, literally means "no-one is judge in his own cause") is a principle of natural justice that no person can judge a case in which they have an interest. In many jurisdictions the rule is very strictly applied to any appearance of a possible bias, even if there is actually none: "Justice must not only be done, but must be seen to be done". This principle may also be called: * ''nemo judex idoneus in propria causa est'' * ''nemo judex in parte sua'' * ''nemo judex in re sua'' * ''nemo debet esse judex in propria causa'' * ''in propria causa nemo judex'' The legal effect of a breach of natural justice is normally to stop the proceedings and render any judgment invalid; it should be quashed or appealed, but may be remitted for a valid re-hearing. The phrase is credited to Sir Edward Coke in the seventeenth century, but has also been attested as early as 1544. See also *''Audi alteram partem'' *Judicial disqua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Audi Alteram Partem
(or ) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them. "Audi alteram partem" is considered to be a principle of fundamental justice or equity or the principle of natural justice in most legal systems. This principle includes the rights of a party or its lawyers to confront the witnesses against them, to have a fair opportunity to challenge the evidence presented by the other party, to summon one's own witnesses and to present evidence, and to have counsel, if necessary at public expense, in order to make one's case properly. History of use As a general principle of rationality in reaching conclusions in disputed matters, "Hear both sides" was treated as part of common wisdom by the ancient Greek dramatists. A similar principle can also be found in Islamic law, based on a had ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Justice
In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing (''audi alteram partem''). While the term ''natural justice'' is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly". The basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of actual bias, imputed bias, or apparent bias. Actual bias is very difficult to prove in practice whereas imputed bias, once shown, will result in a decision being void without the need for any investigation into the likelihood or suspicion of bias. Cases from different jurisdictions currently apply two tests for apparent bias: the "reasonable suspicion of bias" test and the "real likelihood of bias" test. One view that has been taken is that the differences between these two tests are largely semantic and that they operate similarly. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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