LES APPELS ADMINISTRATIFS AU CANADA

  • Paul Daly
Keywords: Administrative Law, Administrative appeals, Administrative review, Administrative Reconsideration, Standard of Review, Deference, Appeal De Novo, Specialized Appeals Tribunals, General Appeals Tribunals, section 96 (Constitution Act, 1867)

Abstract

n many Canadian regulatory regimes, federal and provincial, there is a right of appeal to a separate administrative body. What standard should the appellate body apply in its decision-making? The author firmly rejects the suggestion that principles of judicial review should be applied within administrative appeals structures. Instead, with a view to harmonizing the Canadian approach to administrative appeals, the author proposes a tripartite general framework that can be applied to all regulatory regimes, and urges close judicial oversight to ensure coherence in the jurisprudence. The author thus provides a solid base for administrative appeals in Canada, one that is distinct from judicial review of administrative action.

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Published
2015-09-01
Section
Articles