Administrative Tribunals and the Constitution: Reclaiming the Grail

Advocates' Quarterly, Vol. 29, pp. 54-71, 2004

18 Pages Posted: 5 Dec 2012

Date Written: 2004

Abstract

This article comments on two 2003 Supreme Court of Canada decisions — Nova Scotia (Workers' Compensation Board) v. Martin and Paul v British Columbia (Attorney General) — in which the threshold issue was an administrative tribunal's jurisdiction to hear constitutional challenges. The article argues that the Court, in mandating a presumptive standard for such jurisdiction where the tribunal's enabling statute authorizes it to consider general questions of law, reached a sensible conclusion for the many Canadians whose only contact with adjudicative decision-making is through the administrative justice system.

Keywords: constitutional law, administrative law, jurisdiction

JEL Classification: K19

Suggested Citation

Kleefeld, John Charles, Administrative Tribunals and the Constitution: Reclaiming the Grail (2004). Advocates' Quarterly, Vol. 29, pp. 54-71, 2004, Available at SSRN: https://ssrn.com/abstract=2185516

John Charles Kleefeld (Contact Author)

University of New Brunswick ( email )

PO Box 4400
41 Dineen Drive
Fredericton, New Brunswick E3B 5A3
Canada
+1 506 453 4701 (Phone)

HOME PAGE: http://www.unb.ca/kleefeld.html

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
51
Abstract Views
642
Rank
693,387
PlumX Metrics