Canadian Administrative Law
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Questions and Answers

What is the primary concern of Canadian administrative law?

  • Legality of administrative decision making (correct)
  • Efficiency of administrative agencies
  • Financial implications of administrative decisions
  • Political affiliations of administrative decision makers
  • What are the sources of powers for an administrative decision-maker (ADM) in Canada?

  • Constitution Act, 1867 and judicial review
  • Superior Courts and administrative guidelines
  • Enabling statute and legislative authority (correct)
  • Common law and ministerial discretion
  • What do courts ensure when applying administrative law in Canada?

  • Administrative agencies maximize efficiency
  • Administrative decisions align with political agendas
  • Administrative decision making is free from any procedural fairness
  • Administrative or governmental actors act within legal limits on their authority (correct)
  • What allows Superior Courts to review any decision of an ADM?

    <p>Inherent power at common law</p> Signup and view all the answers

    What does a judicial review allow the court to consider in Canada?

    <p>The entire decision-making process, including process and findings of fact and law</p> Signup and view all the answers

    What is the primary focus of Canadian administrative law?

    <p>The primary focus of Canadian administrative law is to address the actions and operations of governments and governmental agencies in Canada, including the review of administrative decisions and ensuring procedural fairness.</p> Signup and view all the answers

    What are the main concerns of administrative law in Canada?

    <p>Administrative law in Canada is primarily concerned with the legality of administrative decision making and issues of procedural fairness for those affected by the decisions.</p> Signup and view all the answers

    What are the sources of powers for an administrative decision-maker (ADM) in Canada?

    <p>The powers of an administrative decision-maker in Canada are primarily created by statute, known as the enabling statute, and limited by the legislative authority of the enabling government provided under the Constitution Act, 1867.</p> Signup and view all the answers

    What is the role of Superior Courts (Section 96 Courts) in administrative law in Canada?

    <p>Superior Courts in Canada have the inherent power at common law to review any decision of an administrative decision-maker (ADM) through judicial review, allowing them to consider the entire decision-making process.</p> Signup and view all the answers

    What do courts aim to ensure when applying administrative law in Canada?

    <p>Courts, when applying administrative law in Canada, aim to ensure that administrative or governmental actors and bodies observe and act within the legal limits of their authority, as well as interpret statutes and rules of government operations.</p> Signup and view all the answers

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