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Administrative Law

Schulich School of Law, Dalhousie University

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Tribunal Jurisdiction Over Charter Remedies: Now You See It, Now You Don't, Steve Coughlan Jan 2010

Tribunal Jurisdiction Over Charter Remedies: Now You See It, Now You Don't, Steve Coughlan

Articles, Book Chapters, & Popular Press

The Supreme Court's decision in R. v. Conway (reported ante p. 201) simplifies the test for deciding whether an administrative tribunal has jurisdiction to grant Charter remedies. At least in principle, it heralds a broader approach to allowing litigants to seek such remedies at the earlier stage of a proceeding, rather than waiting for a review before a court or pursuing a parallel action. The attitude behind Conway signals a greater willingness to allow administrative tribunals to grant Charter remedies. The test on the key question of whether a tribunal has jurisdiction over a particular remedy is still essentially the …


"Institutional Relationships Between Tribunals And Courts" Book Review Of Recent Developments In Administrative Law, Dianne Pothier Jan 1988

"Institutional Relationships Between Tribunals And Courts" Book Review Of Recent Developments In Administrative Law, Dianne Pothier

Dianne Pothier Collection

If one brings together 14 experts on administrative law to participate in a continuing legal education program on "Administrative Law": Recent Developments and Emerging Trends," there is the potential for either stimulating critical analyses or humdrum descriptive update. On reading the preface to this book, the product of such a program held at Toronto and Ottawa in November 1986, I was expective the former. In large measure, I was disappointed.