What are the reasons why a pragmatic or functional analysis is more advantageous than a pragmatic analysis?

Saskatchewan, Canada


The following excerpt is from Saskatoon (City) v. Canadian Union of Public Employees, Local 59, 1991 CanLII 7631 (SK QB):

Then at p. 1090 Beetz, J., stated: "The third and perhaps the most important of the reasons why a pragmatic or functional analysis seems more advantageous is that it puts renewed emphasis on the superintending and reforming function of the superior courts. When an administrative tribunal exceeds its jurisdiction, the illegality of its act is as serious as if it had acted in bad faith or ignored the rules of natural justice. The role of the superior courts in maintaining the rule of law is so important that it is given constitutional protection: Crevier v. Attorney General of Quebec, 1981 CanLII 30 (SCC), [1981] 2 S.C.R. 220. Yet, the importance of judicial review implies that it should not be exercised unnecessarily, lest this extraordinary remedy lose its meaning."

Other Questions


What is the test for an adult child to withdraw from parental charge by reason of pursuing a reasonable course of post-secondary education? (Saskatchewan, Canada)
What is reasonable and what is reasonable in the context of a claim in a personal injury case? (Saskatchewan, Canada)
What is the reason why the court should be alert to detect and turn back attempts, to bring petitions under s. 3(d) of the Marriage and Divorce Act? (Saskatchewan, Canada)
What is the onus on the prosecution to prove each ingredient of a drug beyond a reasonable doubt? (Saskatchewan, Canada)
Is a search warrant granted in a regulatory context sufficient to satisfy the reasonableness inquiry? (Saskatchewan, Canada)
Can an offer to sell by deed be withdrawn if it is not accepted within a reasonable time? (Saskatchewan, Canada)
Does the qualifying words "may reasonably become" in a disability policy apply to a plaintiff? (Saskatchewan, Canada)
What documents are properly to be considered on an application to strike out a statement of claim on the grounds that it discloses no reasonable cause of action? (Saskatchewan, Canada)
What is the test to be used in a child support analysis under s. 18 of the Child Support Guidelines? (Saskatchewan, Canada)
Is a licensee of a revocable license entitled to notice of revocation and a reasonable time afterwards to remove his goods? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.