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?

Inherent power at common law (B) Signup and view all the answers

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

The entire decision-making process, including process and findings of fact and law (A) Signup and view all the answers

What is the primary focus of Canadian administrative law?

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. Signup and view all the answers

What are the main concerns of administrative law in Canada?

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. Signup and view all the answers

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

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. Signup and view all the answers

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

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. Signup and view all the answers

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

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. Signup and view all the answers

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