What is considered a jurisdictional error at an administrative tribunal?
Alberta, Canada
The following excerpt is from Michailides v. Alberta (Workers’ Compensation Board), 1999 ABQB 941 (CanLII):
Recent Supreme Court of Canada decisions have applied a pragmatic and functional approach to assess the degree of deference due an administrative tribunal. In Pushpanathan v. Canada (Minister of Citizenship and Immigration)(1997), 160 D.L.R. (8th) 193 (S.C.C.) at 210, Bastarache J. characterized a jurisdictional error as “simply an error on an issue with respect to which, according to the outcome of the pragmatic and functional analysis, the tribunal must make a correct interpretation and to which no deference will be shown”. The starting point is therefore the pragmatic and functional analysis, not the categorization of the error.
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