Basics of Administrative Law
This principle ensures fairness in administrative decisions, allowing individuals to present their case.
What is procedural fairness?
This is the process where non-citizens are held while their immigration status is determined.
What is immigration detention?
This is the action of reviewing a decision made by an administrative body to ensure it was lawful.
What is judicial review?
This section of the Canadian Charter protects the right to life, liberty, and security of the person.
What is Section 7?
This remedy nullifies an administrative decision and forces the agency to reconsider.
What is quashing the decision?
This term describes the practice where courts show restraint and give administrative agencies the authority to make decisions.
What is deference to administrative decisions?
This term describes the merging of criminal law with immigration law enforcement
What is crimmigration?
This principle means courts show respect and restraint toward the expertise of administrative decision-makers.
What is deference?
This section of the Canadian Charter ensures everyone has equal protection and benefit of the law without discrimination.
What is Section 15?
This remedy compels an administrative body to perform a duty or make a decision.
What is a mandamus order?
A court’s review of whether an administrative decision was made within the bounds of the law.
What is judicial review?
This practice in immigration law often leads to people being detained without trial for long periods.
What is indefinite detention?
This standard is used in judicial review to determine whether an administrative decision was reasonable.
What is the reasonableness standard?
This principle in administrative law ensures that decisions affecting someone's rights are made fairly under the Charter.
What is procedural fairness?
This type of injunction prevents an administrative agency from taking a specific action.
What is a prohibitory injunction?
This doctrine allows individuals to challenge administrative actions that violate legal standards or rights.
What is the rule of law?
The legal standard used to decide whether a non-citizen should be detained or deported.
What is the reasonable grounds standard?
A judicial concept where the court refuses to interfere with an administrative decision unless it is irrational.
What is the "Wednesbury unreasonableness"?
This legal test determines whether a government action infringes on a Charter right.
What is the Oakes test?
This is a remedy where the court reviews and declares a decision or policy unconstitutional or unlawful.
What is a declaratory judgment?
These are the legal remedies or solutions available when administrative decisions violate an individual's rights.
What are remedies in administrative law?
This international body sets norms and standards on the treatment of migrants and the legality of immigration detention.
What is the United Nations?
A legal doctrine that examines if a decision was procedurally fair and legally justified by administrative agencies.
What is natural justice?
This concept arises when administrative bodies apply the Charter in decision-making processes.
What is Charter compliance in administrative law?
This legal principle requires the administrative body to repair any harm caused by their unlawful decisions.
What is compensatory relief?