Updated: Jan 31
In LexisNexis: "There is a growing consensus that the rule of law is under threat" ,
As with Canada, most countries who signed the Universal Human Rights Laws have to have the same laws inside their countries even if the wording is different, they must have the same meaning.
NON-DEROGATION Of INTERNATIONAL TREATIES (Ignored by Canada and Justices)
U.N. "States parties may not resort to emergency powers or implement derogating measures in a manner that is discriminatory, or that violates other obligations that they have undertaken under international law, including under other international human rights treaties from which no derogation is allowed."
See the example below from the U.K. on countries decimation by ignoring the Rule of Law :
UK Judicial Review report: In Canada, as in Australia, the common law survives alongside statute.
1.22. The Canadian Federal Courts Act, RSC 1985, c. F-7 provides in section 18.1(4) for the Federal Court to have exclusive jurisdiction in specified public law cases. It may grant relief if satisfied that there has been a jurisdictional error or error of law, an erroneous finding of fact made perversely or capriciously, failure to observe a principle of natural justice, procedural fairness or other mandatory procedure or fraud.
As with the ADJRA (Administrative Decisions (Judicial Review) Act), there is a ‘catch all’ clause: the court may intervene where a relevant administrative body has “acted in any other way that was contrary to law” (section 18.1 (4)(f)).
1.23. In Khosa (Canada (Citizenship and Immigration) v Khosa  1 SCR 339.) the Minister tried to persuade the Supreme Court that section 18.1 had established a legislated standard of review that displaced the common law altogether. The Court ruled that the general principles of judicial review had not been ousted by the statutory formulation. Reference to section 18.1(4) should be the “first order of business”, but “most if not all judicial review statutes are drafted against the background of the common law of judicial review”, and it was impossible to understand a framework statute like the Federal Courts Act without an appreciation of “curial (Court of Justice) approaches” to judicial review.
These videos below may help you understand court procedure.
May 5, 2022
This session is for civil litigators whose appellate and judicial review advocacy skills, both written or oral, may require some finessing or assistance. Whether you come across a situation where you must determine how to appeal your decision, if there are any meritorious grounds for the appeal or judicial review application, and how to provide the most effective advocacy for your client at the Ontario Divisional Court or Court of Appeal – this seminar is for you.
Join this exclusive Education Program brought to you by the Toronto Lawyers Association and LexisNexis Canada to learn more about the most common mistakes litigators make that can send an appeal or judicial review application down the wrong path.
What you will learn:
- Common errors made by litigators during an appeal process
- How to appeal a decision or seek judicial review
- Best practices / tip-tricks to avoid
- Best practices for written and oral appellate advocacy
- How to apply those best practices to perfect your appellate strategy
- Legal tools to rely on when drafting materials for an application for judicial review or appeal
Video: The function of administrative law
Sep 24, 2020 Canadian Administrative Law
"What is administrative law for? What roles does it play in securing justice in administration? An examination of the tasks of administrative law, through the lens of (something akin to) Mary Douglas's grid group cultural theory. Emphasizes Canadian (and occasionally English) administrative law, but possibly more broadly relevant.
A more developed account of the ideas in this video has been published as 'Judicial Review and Administrative Justice' (co-authored with TT Arvind and Simon Halliday). This book chapter can be found in Marc Hertogh, Richard Kirkham, Robert Thomas, and Joe Tomlinson (editors) The Oxford Handbook of Administrative Justice, published by Oxford University Press. See https://bit.ly/3EDQWc4. ------
My co-edited book, Executive Decision-Making and the Courts: Revisiting the Origins of Modern Judicial Review is out now with Hart publishing.
Use code UG6 at checkout for a 20% discount when you buy direct from the publisher at https://www.bloomsburyprofessional.co.... All author royalties go the Public Law Project. Find out more about their important work at https://publiclawproject.org.uk/"