ADMJ 103 Lecture Notes - Lecture 25: Justiciability, Downtown Eastside, Workers United

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27 Oct 2020
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Challenging administrative decisions venue and basic procedure for jr. Whether you can challenge a decision/who you are matters a lot. Most often, the enabling legislation tells you who can challenge a decision. Each legislation may have a different process. Unless you exhaust your statutory right to appeal, you cannot go to jr. Applicants who are directly affected (the obvious one) Trilogy of cases for public interest standing. Finlay v canada (minister of finance) (1986) scc foundational case. A person may have the standing to challenge statutory authority if this is deemed the only reasonable and effective manner in which to bring an issue before a court. Canadian council of churches v canada (1992) scc. Applicants who wish to obtain public interest standing must demonstrate. (2) the applicant"s genuine or direct interest in outcome of the litigation. (3) that there is no other reasonable or effective way to bring the matter to course.

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