Sentences with phrase «between jurisdictional questions»

Not exact matches

In an effort to ease a the growing dispute between B.C. and Alberta, Premier John Horgan said in February that he would ask the court to settle the jurisdictional questions about its proposed ban on expanded bitumen shipments in the province and the right to protect its environment.

The decision states that while court hearing fees are permissible in principle, those that present «undue hardship» to litigants, such that they are discouraged from accessing the court system, violate core jurisdictional principles within the Constitution: «The historic task of the superior courts is to resolve disputes between individuals and decide questions of private and public law.

Justice Rothstein's artful avoidance of a direct conflict between the category of jurisdictional questions and the category of interpretations of a home statute prevented the shortcomings of the categorical approach from being further exposed.

Correctness applies to (1) constitutional issues; (2) questions of general law «both of central importance to the legal system as a whole and outside the adjudicator's specialized area of expertise»; (3) the «drawing of jurisdictional lines between two or more competing specialized tribunals»; and (4) «true question [s] of jurisdiction or vires.»

Bluntly stated, yet with great respect; the law has spent more than forty years looking for the true jurisdictional question, twenty years trying to assess the relative expertise of tribunals, ten years trying to convince everyone of a meaningful distinction between two deferential standards of review and now another possible lifetime wandering the administrative galaxy looking for questions of law of central importance to the legal system.

The standard of correctness governs: (1) a constitutional issue; (2) a question of «general law «that is both of central importance to the legal system as a whole and outside the adjudicator's specialized area of expertise»»; (3) the drawing of jurisdictional lines between two or more competing specialized tribunals; and (4) a «true question of jurisdiction or vires».

However, where a question of law falls into one of four correctness categories, the presumption is rebutted and correctness applies (Capilano at para 24): These are (i) constitutional questions regarding the division of powers; (ii) issues «both of central importance to the legal system as a whole and outside the adjudicator's specialized area of expertise»; (iii) «true questions of jurisdiction or vires»; and (iv) issues «regarding the jurisdictional lines between two or more competing specialized tribunals».