What is the role of the courts in reviewing the decisions of specialized administrative tribunals?

New Brunswick, Canada


The following excerpt is from United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 213 v. Saint John Shipbuilding Ltd. et al., 1996 CanLII 12426 (NB CA):

Mr. Justice Cory summed up the role of the courts in Canada (Attorney General) v. Public Service Alliance of Canada, 1993 CanLII 125 (SCC), [1993] 1 S.C.R. 941, 101 D.L.R. (4th) 673 (S.C.C.) when he said at pages 961-962: In summary, the courts have an important role to play in reviewing the decisions of specialized administrative tribunals. Indeed, judicial review has a constitutional foundation. See Crevier v. Attorney General of Quebec, 1981 CanLII 30 (SCC), [1981] 2 S.C.R. 220. In undertaking the review courts must ensure first that the board has acted within its jurisdiction by following the rules of procedural fairness, second, that it acted within the bounds of the jurisdiction conferred upon it by its empowering statute, and third, that the decision it reached when acting within its jurisdiction was not patently unreasonable. On this last issue, courts should accord substantial deference to administrative tribunals, particularly when composed of experts operating in a sensitive area.

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