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Lecture

Canadian Constitution.docx


Department
Political Science
Course Code
POLSCI 3NN6
Professor
Greg Flynn

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Administrative Law
Judicial review is keeping these bodies accountable to these statues
Gives room to the legislature to limit court review
Procedure and substantive, you must find out how important the decision is.
Procedural perspective, identical to what is happening the courts
5 steps to decided were a case falls
o 1. Judicial Process
o 2. Wording of the statue
o 3. Importance
o 4. Expectations
o 5. Precedent choices
Precedent choices Reasons LTDM
Duty of Oral hearing Cross Counsel Full
Fairness Examination Rights
4 factors that should be examined
1. Private Clause Wording
a. If more explicit, would grant them less deference
2. Expertise
a. If a highly specialized tribunal, would grant them more deference
3. Purpose act
a. Are they designed to alleviate certain conditions etc?
4. Nature of problem
a. If it a highly fact-driven issue gets GREATER deference
b. Ex. Did you pay rent to your landlord
c. If it more a legal issue it gets less deference
Correct Deference Reasonableness High
Canadian Constitution
Section 52(2)
Written
Unwritten
N.B. Broadcasting v. N.S.
Underlying principles
Re secession Reference
Unwritten Devices
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