ADMJ 103 Lecture 5: Admj 103 - LTR 5
Document Summary
The judicial review of decisions generally concerns itself with the process by which a decision was reached, and not the merits of the decision, as long as the decision-maker has remained within her jurisdiction. The judiciary is reviewing the decision of the decision-maker. Have to differentiate between judicial review and statutory right to appeal. Whole course is on judicial review, where you can challenge a decision based on the process, whether the decision was correct. This is done by considering whether there was bias for example. A good way to organize notes or admin law in canada is to create a timeline of the way cases have evolved. Baker v. canada (minister of citizenship & immigration) (1999, scc) Five factors that are relevant determining the general level of procedural fairness is owed 5 things a court needs to look at to decide whether the decision was fair. Then determine what specific duties are owed.
