NCJ Number
47901
Date Published
1978
Length
126 pages
Annotation
RECOMMENDATIONS OF THE LAW REFORM COMMISSION OF CANADA PERTAINING TO JUDICIAL REVIEW AND THE POWER OF THE COURTS TO REVIEW STATE ACTIONS FOR FAILURE TO MEET STANDARDS OR ILLEGALITY ARE PRESENTED.
Abstract
WHILE INTERACTING WITH PROVINCIAL COURTS, THE FEDERAL COURT SHOULD CONTINUE TO EXERCISE JUDICIAL REVIEW OVER FEDERAL BOARDS, COMMISSIONS, AND TRIBUNALS. HOWEVER, IN CRIMINAL MATTERS, JURISDICTION SHOULD PROBABLY BE GIVEN TO THE PROVINCIAL COURTS BEFORE WHICH THEY ARISE. HABEAS CORPUS JURISDICTION SHOULD REMAIN EXCLUSIVELY IN THE PROVINCIAL SUPERIOR COURTS. CONTINUED REVIEW OVER PROVINCIAL COURT JUDGES BY THE FEDERAL COURT IS ALSO RECOMMENDED IN GENERAL JUDICIAL REVIEW OF ALL FEDERAL ADMINISTRATIVE AUTHORITIES SHOULD ORIGINATE IN THE TRIAL DIVISION, ALTHOUGH TRIAL DIVISION JUDGES SHOULD BE ALLOWED DISCRETION IN TRANSFERRING IMPORTANT CASES TO THE COURT OF APPEAL. SPECIAL APPEALS EXISTING FROM SOME FEDERAL AUTHORITIES SHOULD BE REPEALED WHENEVER THEY INVOLVE QUESTIONS ORDINARILY RAISED ON JUDICIAL REVIEW. APPEALS FROM THE FEDERAL COURT OF APPEAL TO THE SUPREME COURT SHOULD CONTINUE TO BE WITH LEAVE, JUDICIAL REVIEW SHOULD BE INITIATED BY A SINGLE APPLICATION FOR REVIEW, AND GROUNDS FOR REVIEW AND FORMS OF RELIEF SHOULD BE ARTICULATED EXPRESSLY IN LEGISLATON. GENERAL GROUNDS FOR REVIEW AND FORMS OF POSSIBLE RELIEF ARE ENUMERATED. JUDICIAL REVIEW SHOULD EXTEND TO ILLEGAL ACTS OR UNFAIR PROCEDURES OF ALL FEDERAL STATUTORY AUTHORITIES: MINISTERS, GOVERNMENT OFFICIALS, AND ADMINISTRATIVE BODIES. RECOMMENDATIONS ARE MADE IN THE AREAS OF PRIVATE CLAUSES, REASONS FOR DECISIONS, STANDING, STAY OF PROCEEDINGS, TIME FOR APPLICATION, TIME FOR PROCEEDING, AND DAMAGES. APPENDIXES INCLUDE A SUMMARY OF COMMISSION VIEWS, A LIST OF RELEVANT STATUTORY PROVISIONS, AND A SELECTED BIBLIOGRAPHY ON JUDICIAL REVIEW. --IN FRENCH AND ENGLISH. (JAP)