Judicial review in Canada

Judicial review is a legal process in which a court reviews decisions made by government agencies, courts, or administrative agencies. It is essentially a system of checks and balances to ensure that these institutions operate legally and fairly.

Here is a summary of what judicial review involves:

  • Who can apply for it: People directly affected by the decision of a government body or court can apply for judicial review.

  • What is examined: The court looks at whether the decision was accompanied by the following conditions:

Judicial review in Canada
  1. Legal: This decision must be made according to the law.
  2. Fair: they have followed proper procedures and considered all relevant evidence.
  3. Reasonable: It is not unreasonable or arbitrary.

Possible outcomes that may occur in the process of judicial review: The court can:

  1. Rejection of the request: if the decision is recognized as legal, fair and reasonable.
  2. Cancellation of the decision: if the decision is found to be incomplete, it basically cancels it.
  3. Sends the decision for reconsideration: If the court feels that the decision-making process should be properly followed.

Why is judicial review important?

  1. It protects individual rights: it ensures that government institutions do not abuse their power and do not make decisions that unfairly affect individuals.
  2. Promotes accountability: holds government institutions responsible for their actions and decisions.
  3. It maintains the rule of law: it guarantees that all institutions, including government institutions, operate within the legal framework.

Here are some additional points to consider:

Judicial review is a complex legal process and it is recommended that you consult a lawyer if you intend to apply for it.

Not all decisions of government bodies can be challenged through judicial proceedings. Depending on the circumstances, there may be certain criteria or restrictions.

Judicial review can be a lengthy process, so it’s important to weigh its potential benefits against the time and resources involved.

In general, judicial review plays an important role in maintaining a fair legal system, as it ensures that government institutions act lawfully and with respect for individual rights..