NCJ Number
66866
Date Published
1980
Length
63 pages
Annotation
THE OCCASIONALLY CONTROVERSIAL ROLE OF THE CANADIAN FEDERAL COURT IN REVIEWING DECISIONS OF ADMINISTRATIVE BODIES, AND THE EXTENT OF ITS JURISDICTION, ARE EXAMINED. DETAILED RECOMMENDATIONS ARE MADE.
Abstract
SPECIFIC MATTERS DISCUSSED IN THIS REPORT BY THE LAW REFORM COMMISSION OF CANADA, AND ADDRESSED TO THE CANADIAN ATTORNEY GENERAL, INCLUDE A DESCRIPTIVE SECTION ON JUDICIAL REVIEW, ALTERNATIVES TO JUDICIAL REVIEW, AND THE FEDERAL COURT. FEDERAL COURT-PROVINCIAL COURTS INTERACTION, COURT OF APPEAL AND TRIAL DIVISION JURISDICTION (PROBLEMS AND PROPOSED SOLUTIONS); AND THE SCOPE OF JUDICIAL REVIEW (INCLUDING PRIVATIVE CLAUSES) ARE ALSO COVERED. MISCELLANEOUS TOPICS TREATED IN A SEPARATE SECTION INCLUDE OTHER MATTERS RESPECTING JUDICIAL REVIEW, SUCH AS STANDING, STAY OF PROCEEDINGS, REASONS FOR DECISIONS, TIME TO APPLY FOR APPLICATION AND TO PROCEED, AND INTERIM INJUNCTIONS AGAINST THE CROWN, WITH SPECIFIC RECOMMENDATIONS BY THE LAW REFORM COMMISSION ON EACH POINT. SEVERAL RECOMMENDATIONS ARE OFFERED CONCERNING JUDICIAL REVIEW AND THE CANADIAN FEDERAL COURT. FOR INSTANCE, THE FEDERAL COURT SHOULD HAVE EXCLUSIVE JURISDICTION TO EXERCISE JUDICIAL REVIEW OVER FEDERAL BOARDS. COMMISSIONS AND TRIBUNALS SHOULD BE CONTINUED, AND NO CRIMINAL PROCEEDING SHOULD BE SUBJECT TO JUDICIAL REVIEW BY THE FEDERAL COURT. JUDICIAL REVIEW SHOULD NOT BE RESTRICTED BY PRIVATIVE CLAUSES. APPENDIXES GIVE RELEVANT STATUTORY PROVISIONS AND ENDNOTES, WHICH INCLUDE BIBLIOGRAPHIC REFERENCES. THE FRENCH TEXT OF THIS REPORT IS ALSO APPENDED.