Judicial Review

Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the …

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Publications

BCCLA: BC Civil Liberties Association · 2 April 2024 English

on this line of reasoning in Democracy Watch v Canada (Attorney General), an application for judicial review challenging the legality of the federal Conflict of Interest and Ethics Commissioner’s power

speaking, to subject the challenged Act to judicial review” – and therefore granted public interest standing public interest standing in an application for judicial review to bring an administrative law challenge to challenges (Thorson, McNeil) and applications for judicial review under administrative law (Finlay), where those Canada (Attorney General), an application for judicial review challenging the legality of the federal Conflict River Society, commenced an application for judicial review in the Federal Court to quash Canada’s approval


BCCLA: BC Civil Liberties Association · 18 March 2024 English

held in Paterson, the critical limit here is urgency.3 When we unpack the content of urgency in the context of exigent circumstances, it demands that the targeted risk be imminent …

and experience” that can sometimes frustrate judicial review,8 the police must plainly measure the urgency


LCO: Law Commission of Ontario · 14 March 2024 English

Commissioner is now an employee of the Auditor General and is expected to perform the duties assigned by the Auditor General.120 Furthermore, it is now the Downgrading the Environmental Auditor …

.......................................94 Judicial Review and Remedies ............................. .......................................96 Judicial Review. ......................................... streamlined? o Updating rules for standing and judicial review. The EBR has a long track record against which government officials. • Expanded rights to seek judicial review.52 The Advisory Group was asked to examine included After the Applicants commenced a judicial review of in Bill 197, COVID-19 Economic Recovery


LCO: Law Commission of Ontario · 14 March 2024 English

The Environmental Commissioner should be principle, the precautionary principle, the appointed as an independent officer of the environmental justice principle, and the principle of legislature and be accountable directly to …

human health, ecological health, and bring a judicial review application of a government environmental sustainability or part of FIPPA fees where the information Judicial Review and Remedies requested relates to the environment government-wide policy should be developed to recognize judicial review of an administrative and implemented to ensure extended to apply to instruments. available on a judicial review should be revoked. Paramountcy 47. The EBR


LCO: Law Commission of Ontario · 14 March 2024 English

the Environmental Commissioner.6 The EBR also: • Established the Office of the Environmental Urgent Need to Reduce the Risk and Commissioner of Ontario to act as a “watchdog” to Impact …

procedures by: • Updating rules for standing and judicial review. • Clarifying EBR exceptions. • Eliminating information.52 Law Commission of Ontario I 17 Judicial Review Section 103 – Public Nuisance The EBR’s political damages” to bring a public nuisance action. judicial review of administrative decisions that violate The permits and if further reforms are required. judicial review of instruments, should be extended to apply provision is to restrict the available remedies on judicial review to declaratory relief. The LCO believes that


Saskatchewan Human Rights Commission · 11 March 2024

The scope of the systemic initiative includes the review of the parent submissions, conducting stakeholder interviews and meetings, the preparation of a legal summary, and capturing the comment, feedback, and …

and injury to dignity ($75,000). UBC sought judicial review and the chambers judge reduced the award for


BCCLA: BC Civil Liberties Association · 5 March 2024 English

It does not require the Director to rationalize the request to the information-holder, or to ensure that the request is objectively reasonable with reference to a particular evidentiary threshold. [...] …

public bodies would be an administrative or judicial review, but stated that it would likely make use of and seizure likely has to either initiate judicial review proceedings or await the possibility of a protection information, whether administratively or through judicial review, because they will not be aware of the search


BCCLA: BC Civil Liberties Association · 5 March 2024 English

on this line of reasoning in Democracy Watch v Canada (Attorney General), an application for judicial review challenging the legality of the federal Conflict of Interest and Ethics Commissioner’s power

speaking, to subject the challenged Act to judicial review” – and therefore granted public interest standing public interest standing in an application for judicial review to bring an administrative law challenge to challenges (Thorson, McNeil) and applications for judicial review under administrative law (Finlay), where those Canada (Attorney General), an application for judicial review challenging the legality of the federal Conflict River Society, commenced an application for judicial review in the Federal Court to quash Canada’s approval


Canadian Chamber of Commerce · 5 March 2024 English

The amended bill will allow the government, through the Governor in Council or Minister of Industry, to take steps to secure telecommunication systems in the case of a threat, interference, …

such an order. Furthermore, in the case of judicial review, the Minister has the power to order that critical secret information to a special advocate during judicial review. The Canadian Chamber of Commerce submits that


BCCLA: BC Civil Liberties Association · 1 March 2024 English

Put another way, it would be inconsistent with the purpose of FIPPA to require the OIPC to take on a “limited role” in reviewing a legal counsel affidavit put forward …

File No. F20-82707, and in the matter of the Judicial Review Procedure Act, RSBC 1996, c 241. Between Minister whether the affidavit is adequate, subject to judicial review on a correctness standard.”24 30. In her broad


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