Overview
Judicial review is the process by which courts in Canada review the decisions made by administrative bodies, government officials, and lower courts to ensure they comply with the law and the Constitution.
Judicial Review Process
The judicial review process involves filing an application with a superior court. The applicant must demonstrate that they have a sufficient interest in the matter, that the decision was unreasonable or arbitrary, that it was made without jurisdiction, or that it violated principles of natural justice
A court can rescind the ruling, provide declaratory relief, or order a new hearing should it find that a decision was made unlawfully. A panel of three judges examines a decision made by an administrative body during a judicial review.
In Canada, courts apply different standards of review depending on the nature of the decision being reviewed:
- Correctness: This standard is used for questions involving matters of law, such as constitutional interpretation. Under this standard, the court can substitute its own view for that of the administrative body.
- Reasonableness: This standard is applied when the question involves the application of law to facts or the exercise of discretion. Here, the court will defer to the administrative body’s decision unless it is found to be unreasonable.
The Federal Court has jurisdiction over judicial review cases involving decisions and actions of federal administrative bodies, tribunals, and officials, including immigration-related cases. Here are some types of cases that can be brought before the Federal Court for judicial review:
- Rejected applications for permanent residency.
- Rejected Canada Experience Class or Federal Skilled Worker Program applications for permanent residence.
- Rejected study permits.
- Rejected visitor visas.
- Rejected work permits.
- Certain spousal cases.
Contact us today to schedule a consultation to learn more about the judicial review process in Canada.