Judicial Review in Canada – What About Law’s Approach
In Canada, judicial review is a vital legal mechanism that allows individuals, families, and businesses to challenge decisions made by federal boards, tribunals, and administrative agencies. At What About Law Professional Corporation, we view judicial review as a cornerstone of accountability ensuring that those in authority act within the law, follow fair procedures, and respect the constitutional rights of all individuals.
What Is Judicial Review?
Judicial review is not an appeal of a decision’s outcome, but a legal examination of how the decision was made. The Federal Court reviews whether a decision-maker:
- Exceeded their legal authority
- Acted in a procedurally unfair manner
- Made an unreasonable or irrational decision
- Violated fundamental rights under the Canadian Charter of Rights and Freedoms
If the Court finds that the decision was flawed, it may set it aside and order it to be reconsidered in accordance with the law.
When Can You Apply for Judicial Review?
You may be eligible to apply for judicial review if a federal agency or tribunal’s decision is:
- Unreasonable Lacking transparency, justification, or logical reasoning
- Procedurally Unfair Denying you a fair hearing or the opportunity to present evidence
- Beyond Jurisdiction The decision maker acted outside their legal powers
- Charter-Infringing Violating protected rights or freedoms
The Judicial Review Process
At What About Law, we guide clients through each step of this time-sensitive and detail driven process:
- Filing an Application You must apply for judicial review within 30 days of the decision. In rare cases, the court may grant an extension.
- Preparing the Record This includes gathering documents, affidavits, and legal arguments that support your case.
- Court Hearing Your lawyer will argue the legal errors or procedural unfairness before a Federal Court judge.
- Decision The judge may uphold the original decision, quash it, or order a new hearing.
Why Choose What About Law for Judicial Review?
Judicial reviews are legally complex and procedurally strict. At What About Law Professional Corporation, we bring deep knowledge of administrative law and a passion for protecting our clients’ rights. We analyze your case thoroughly, identify potential legal errors, and advocate skillfully before the courts.
Whether you’re dealing with a refugee claim denial, immigration refusal, professional licensing issue, or any administrative decision with serious consequences we ensure the decision making process is held to the standards of justice, fairness, and accountability.
Contact What About Law today to schedule a consultation and explore your options under judicial review.