Sentences with phrase «legal system as a whole»

In her view, true questions of jurisdiction are «extinct in the wild» whereas general questions of law of central importance to the legal system as a whole are «critically endangered».

I suggested that true questions of jurisdiction could be likened to unicorns and general questions of law of central importance to the legal system as a whole might be more in the nature of leprechauns.

Bar associations, law offices, and the legal system as a whole, are not exactly the most agile environments.

The Barreau's role in regulating the representation of others before a court or tribunal is of obvious importance, but this does not mean that every question touching on this subject is automatically one of central importance to the legal system as a whole.

«The issue to be resolved in this case is not a question that is of central importance to the legal system as a whole and lies outside the ATQ's specialized area of expertise,» Brown wrote.

Aside from that, the legal system as a whole in Canada is largely oblivious of its ability, and perhaps its obligation, to heal, mend and restore relationships of the parties in any conflict.

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.»

[54] On the other hand, the position of the Federal Court of Appeal, which held that the tribunal was answering a question of general law of central importance to the legal system as a whole, seems equally plausible.

On another point, relating to the interaction between the Board's home statute and provincial freedom of information legislation, Bielby J.A. applied a standard of correctness, because «The extent to which the operation of FOIPPA may limit or prevent the operation of pre-hearing disclosure in relation to administrative tribunals is one which is of central importance to the legal system as a whole» (at para. 18).

It should not be assumed that prisoners are fully aware of these statutes and the workings of the legal system as a whole as the general public typically is not.

It reminds lawyers that we owe, not only a duty to our clients, but also to the legal system as a whole.

Jim Gramling, President of the Access to Justice Commission, urged the court to consider and give greater weight to its broader responsibility towards access to justice in the legal system as a whole, something that is best served by the Commission's proposal.

The correctness category most deserving of criticism captures those «questions of general law that are of central importance to the legal system as a whole and outside the tribunal's specialized field of expertise» («questions of central importance»).

Decisions still have to be «correct» when they deal with constitutional divisions of powers between the federal and provincial governments (not something that comes up in your everyday tribunal hearing), issues of law that are outside of the tribunal's area of expertise and that are of central importance to the legal system as a whole; true questions of jurisdiction of the tribunal; and questions as to overlap between the jurisdictions of different specialized tribunals.

Because, with all due respect to Côté J's argument that the issue in this case relates to a matter of general importance to the legal system as a whole (solicitor - client privilege), it is hard to accept the characterization of this decision as about solicitor - client privilege, rather than about the interpretation of the Privacy Commissioner's home statute.

The broader significance — the general importance to the legal system as a whole — arises from the Supreme Court's judgment.

But that decision has only as much relevance to the legal system as a whole as would any administrative decision that considers or employs legal terms used more generally in the legal system when interpreting or applying its statutory mandate.

She held that the Commissioner's decision that it had the power to compel production was reviewable on a standard of correctness because the question was one of «central importance to the legal system as a whole» (at para 20).

On the other hand, the correctness standard will apply where constitutional questions, questions of law that are of central importance to the legal system as a whole, and true questions of jurisdiction arise [Edmonton Police Service, para 22].

The court wrote that the Supreme Court instructed courts in Sattva to only apply a correctness standard on exceptional questions of law, such as constitutional questions, or general questions of law that are of central importance to the legal system as a whole and outside the adjudicator's area of expertise.

Bombarded with questions about onuses, methods of prosecution, criminal procedure, and many other inquiries about the legal system as a whole, I had to pause and remind myself that these were Grade 6 students and not a first - year law school class.

In the unlikely scenario that the issue before the insurance arbitrator is an «exceptional» question (one of jurisdiction, a constitutional question, or a general question of law that is both of central importance to the legal system as a whole and outside the adjudicator's specialized area or expertise), a correctness standard of review may be applicable.