Sentences with phrase «canadian judicial review»

[xvi] On «disguised correctness», see David Mullan, «Unresolved Issues on Standard of Review in Canadian Judicial Review of Administrative Action — The Top Fifteen» (2013), 42 Adv. Q. 1.

Canadian judicial review of administrative action is structured around two poles: substantive review and procedural review.

In its decision in Dunsmuir v. New Brunswick, [3] the Court attempted to clarify and simplify Canadian judicial review doctrine.

In the case of the dialogue theory, rather than offering the legislative branch a truly equal voice by way of its legislative responses, the theory proved to be more useful as a means by which the scope of Canadian judicial review could be legitimated.

Not exact matches

Here's why: Chapter 19 allows Canada to bypass the U.S. judicial review process when the U.S. government imposes antidumping and / or countervailing duties on Canadian products imported into the United States, as has been the case repeatedly with softwood lumber, for example.

Whereas the earlier Canadian Bill of Rights of 1960 had only a statutory basis and was thus effectively beyond the scope of judicial review, the new Charter was an entrenched constitutional document similar to that of the United States.

Thus, the application for judicial review was granted and the matter was sent back to the Tribunal to issue a declaration that the publication of the article «AIDS Secrets» by the respondent Marc Lemire constituted a breach of s 13 of the Canadian Human Rights Act and to determine a proper remedy for the breach.

However after a Complaint to the Canadian Judicial Council, it came out that they indeed reviewed the Court recordings!

A lengthy procedural history included Ms. Johnstone's complaint being initially dismissed by the Canadian Human Rights Commission, which decision was subsequently considered by the Federal Court on judicial review (2007 FC 36), and then by the Federal Court of Appeal (2008 FCA 101).

Most Canadian provinces provide for judicial oversight of prenuptial agreements but the standard of judicial review varies from province to province For example: - Ontario's Family Law Act permits a court to set aside a prenuptial agreement or any portion thereof if a party failed to disclose significant assets or liabilities, if a party did not understand the nature or consequences of the contract, or otherwise, in accordance with the law of contract.

Chris Paliare was on his feet today, arguing for Friends of the Earth in a Federal Court judicial review to to force the Canadian government to follow the Kyoto Protocol Implementation Act, passed by Parliament a year ago.

The Canadian Judicial Council has not responded to a request for comment on the judicial review applJudicial Council has not responded to a request for comment on the judicial review appljudicial review application.

I point out as an initial point that this is unlikely to take place, in any event, for two main reasons: first, the Charter of Values would have to be adopted by the legislature — not an easy task in light of the minority position of the PQ; second, even if it is adopted, Quebec could still invoke the Canadian Charter's section 33 notwithstanding clause, to shield the new provisions from judicial review.

The first step in substantive judicial review under Canadian administrative law is to identify the standard of review applicable to the question or questions in the impugned statutory decision.

Maritime Broadcasting System Ltd. v. Canadian Media Guild 2014 FCA 59 Labour Law — Labour relations boards and judicial review — Judicial review — Standard of review The Canada Industrial Relations Board certified the Canadian Media Guild as the bargaining agent for employees of Maritime Broadcasting System Ltd. employed in its Maritime News Network operation in judicial review — Judicial review — Standard of review The Canada Industrial Relations Board certified the Canadian Media Guild as the bargaining agent for employees of Maritime Broadcasting System Ltd. employed in its Maritime News Network operation in Judicial review — Standard of review The Canada Industrial Relations Board certified the Canadian Media Guild as the bargaining agent for employees of Maritime Broadcasting System Ltd. employed in its Maritime News Network operation in Halifax.

A New Brunswick Court of Queen's Bench judge who took months, sometimes years, to render decisions will not be disciplined following a review by the Canadian Judicial Council.

Links to relevant sites: Supreme Court of Canada Federal Court of Canada Office of the Commissioner for Federal Judicial Affairs Ad Hoc Committee to Review a Nominee for the Supreme Court of Canada [no website yet] Canadian Judicial Council

Mark represents clients before the courts in proceedings of all kinds, including commercial litigation, judicial review, declaratory judgment and injunction proceedings, as well as constitutional challenges under the Canadian Charter of Rights and Freedoms and the Québec Charter of Human Rights and Freedoms.

Then, as a firestorm was slowly emerging on social media, the Federal Court released a Statement in Response to the Canadian Judicial Council's Decision to Review the Conduct of Justice Robin Camp dated November 10, 2015.

The judicial review of the Suncor decision will give Canadian courts another opportunity to strike an appropriate balance between privacy, human rights and workplace safety.

The expert periodic review calls for improved access to effective remedies from Canadian courts and for more continuing judicial and professional education on international human rights law implementation.

Because other Canadian provinces are paying close attention to this review, the outcome of the LCO will likely influence legislative and judicial efforts on class actions throughout the country.

The Council therefore sought judicial review of the decision on the basis that it violated the guarantee of freedom of religion under the Canadian Charter of Rights and Freedoms, and breached the government's duty to consult and accommodate asserted Aboriginal rights under the Constitution Act, 1982.

On November 9, 2015, it was widely reported by the media that the Canadian Judicial Council (CJC) had decided to review the conduct of Justice Robin Camp in acquitting a defendant of sexual assault on September 9, 2014, when he...

Both the Attorney General of Canada and Justice J. Bryan Shaughnessy filed notice that they intend to fight Julian Fantino's appeal and application to intervene in the judicial review of the Canadian Judicial Council's summary dismissal of a complaint against Justice Shaujudicial review of the Canadian Judicial Council's summary dismissal of a complaint against Justice ShauJudicial Council's summary dismissal of a complaint against Justice Shaughnessy.

Represented the United States Trade Representative (USTR) as respondent in a judicial review before the Federal Court of Appeal brought by the applicants to question the decision of the Canadian International Trade Tribunal in an antidumping and subsidy case where the tribunal held, in favour of the USTR, that there was no injury to the applicants.

Donald Best has filed an appeal of Justice Keith M. Boswell's dismissal of Best's application for a judicial review of a Canadian Judicial Counsel djudicial review of a Canadian Judicial Counsel dJudicial Counsel decision.

Canadian National Railway (CNR) applied for judicial review on the case of Denise Seeley.

It seeks a judicial review of changes made under the previous Harper government to the Fisheries Act, the Species at Risk Act, the Navigable Waters Protection Act and the Canadian Environmental Assessment Act.

In cases where an application for a sponsorship, Canadian work permit or visas, refugee claim, or federal skilled worker is denied or refused or in the case where a deportation or removal from Canada is issued, an appeal or an Application for Judicial Review can be made to reverse the decision of the immigration authorities.

The Government of Canada filed a judicial review of the decision of the Canadian Human Rights Commission to refer the complaint to the Tribunal.

RANBIR THIND & ASSOCIATES - Detention Reviews, Immigration Appeals, Family Sponsorships, Admissibility Hearings, Immigration Citizenship Judicial Reviews, Humanitarian Compassionate H and C Applications, Alberta Immigrant Nominee Program, Canadian Citizenship, Refugee Claims & Refugee Appeals

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After reviewing all of the information and considering relating circumstances in hearings last week, a hearing committee of the Canadian Judicial Council stated in an oral ruling that Quebec Justice Michel Déziel should not be removed.

This included a review of Canadian court decisions since 2002 to identify any judicial concerns regarding the previous rules.

Although not unanimous, the Canadian Judicial Council has reviewed the recommendations of its inquiry panel on Quebec Superior Court Justice Michel Déziel and recommends he remain on the bench.

He sought judicial review of the policy and decision of the Canadian Government not to seek his repatriation.

Fear not, fellow Canadians, I have not forsaken judicial review of administrative action in the Great White North.

First, it describes the basic ordering concepts in the Canadian law of judicial review.

Here is the first of several extracts from a paper I am working on, on the subject of convergence and divergence in English and Canadian administrative law At first glance, administrative law in Canada, where courts regularly defer to administrative decision - makers» interpretations of law and judicial review of administrative action is organised around the concept -LSB-...] Read more

Stratas J.A. has pointed to a range of factors that may help provide the basis for a more «nuanced» approach to the choice of standard of review as well as strong arguments against an overall presumption of reasonableness: David Stratas, «The Canadian Law of Judicial Review: Some Doctrine and Cases» (October 2017), available at SSRN: https://ssrn.com/abstract=29review as well as strong arguments against an overall presumption of reasonableness: David Stratas, «The Canadian Law of Judicial Review: Some Doctrine and Cases» (October 2017), available at SSRN: https://ssrn.com/abstract=29Review: Some Doctrine and Cases» (October 2017), available at SSRN: https://ssrn.com/abstract=2924049.

The progressive view favours robust judicial review of legislation, and in particular robust judicial enforcement of the Canadian Charter of Rights and Freedoms.

On March 22, 2018, the Federal Court of Appeal (Court) published its decision in The Canadian Copyright Licensing Agency, Operating as Access Copyright v Canada, 2018 FCA 58, dismissing Access Copyright's application for judicial review of a decision by the Copyright Board (Board) certifying the royalties that provincial and territorial governments must pay Access Copyright for the reproduction of copyright - protected works.

Called «The Canadian Law of Judicial Review: Some Doctrine and Cases ``, it is nothing less than a comprehensive overview of the concepts, principles, and rules of administrative law in an accessible format, for the reference of judges, lawyers, scholars, and students.

[26] David Stratas, «The Canadian Law of Judicial Review: A Plea for Doctrinal Coherence and Consistency» (2016) 42 Queen's Law Journal 27.

It is hard to find a useful, up - to - date summary of the Canadian law of judicial review.

On issues such as the content of the record on judicial review applications, the extent to which administrative decision - makers can participate in judicial reviews of their decisions, superior court review of federal prison decisions and tribunals» capacity to reconsider their decisions, Canadian courts have recently come under pressure to update the procedural law to bring it into line with the substantive law.

Indeed, the latter provides a model for the future development of the procedural law of judicial review of administrative action by Canadian courts.

A decision of the Canadian Human Rights Commission (CHRC) not to investigate a human rights complaint that had been the subject of grievances under the Public Service Labour Relations Act has been overturned on judicial review.

Notable mandates include constitutional challenges against the federal government, representing the Canadian Judicial Council in the review of Lori Douglas in the Federal Court, and representing Mississauga, Ont., mayor Hazel McCallion in her conflict of interest case.