ADM 101
Though some scholars argue otherwise, ADMs fall under this particular branch of government.
The Wall test calls for two criteria to be met for a body to be subject to judicial review; an exercise of state authority and that exercise being of this.
What is sufficiently public character?
This is the term that describes the opportunity that must be afforded to those affected by a decision to participate in that decision.
What are participatory rights?
This post-Wall case in 2021 affirmed that there is no free standing right to procedural fairness in which the decision was also regarding the expulsion from a religious organization.
What is Ethiopian Orthodox Tewahedo Church of Canada St Mary Cathedral v Aga?
What is reasonableness and correctness?
Known as one of the sources of power for ADMs, this is exclusively granted to the PM, Cabinet, Governor General and some other federal and provincial actors.
What are prerogative powers?
Cases such as McCaw, Lutz, and Hart show that courts were willing to accept religious organizations were subject to judicial review if all other internal challenges and appeals were exhausted and if this was the only thing at issue.
What is procedure?
As seen in Mavi, there is a general presumption of the duty of fairness will apply unless there is a reason to presume otherwise due to the nature of the decision, the relationship between the public body and the individual, and this last factor.
What is the effect of the decision on an individual's rights?
This case saw the introduction of a test to determine whether the creation of an ADM impaired the constitutional role of superior courts by transferring disputes from them to ADMs.
What is the Reference re Amendments to the Residential Tenancies Act?
The general presumption of reasonableness for the standard of review for administrative decisions can be challenged when rebutted on the basis of legislative intent or this legal concept.
What is the rule of law?
ADMs are never created through this, but can be given powers through it.
What is common law?
Though this list from Air Canada is not compulsory, a feature of the list states that to help determine whether something is of sufficient public character, the extent to which a decision is found in and shaped by law as opposed to this can be considered to play a role.
What is private discretion?
*TRIPLE PLAY*
They are the three kinds of decisions that exempt ADMs from the duty of fairness.
What are preliminary decisions, legislative decisions and emergency decisions?
This case saw the SCC rule that discretion by the ADM was fettered due to the guidelines being treated as binding rules or a test.
What is Kanthasamy v Canada (Citizenship and Immigration)?
Despite recent debates surrounding this topic, traditionally, correctness is the standard of review for these types of disputes.
What is procedural fairness?
In the Constitution, this provision bars the creation of ADMs that infringe on the power of superior courts.
What is s. 96?
Separate from the Wall test, this too is required when determining whether a decision is subject to judicial review. It requires an answer to the question: "Is this issue appropriate for a court to decide?"
What is justiciability?
This test asks, "What would an informed person, viewing the matter realistically and practically, and having thought the matter through, conclude? Would he think that it is more likely than not that the decision-maker, whether consciously or unconsciously, would not decide fairly?"
What is the test for individual bias?
This case sets out an analytical framework of which to understand the degree of fairness that is owed and was affirmed later in Vavilov. In Mavi, these five factors were determined as determinative.
What are statutory objectives?