LES APPELS ADMINISTRATIFS AU CANADA
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)
Abstractn 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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