PLG 510 Lecture 11: 11
Document Summary
22 all of these developments serve to cement the direct relationship between the charter, its remedial provisions and administrative tribunals. In light of this evolution, it seems to me to be no longer helpful to limit the inquiry to whether a court or tribunal is a court of competent jurisdiction only for the purposes of a particular remedy. The result of this question will flow from whether the tribunal has the power to decide questions of law. A tribunal which has the jurisdiction to grant charter remedies is a court of competent jurisdiction. The tribunal must then decide, given this jurisdiction, whether it can grant the particular remedy sought based on its statutory mandate. The answer to this question will depend on legislative intent, as discerned from the tribunal"s statutory mandate (the mills cases). And secondly, they must act consistently with the charter and its values when exercising their statutory functions.
