Judicial reviews (referred to throughout the website as 'JRs') are the most time-honoured of our legal procedures, reaching far back into our English common law system. They are a bastion of the judicial leg of our triumvirate government structure, along with the executive (cabinet) and the legislature. They are a vital part of the Canadian legal system, and remain so despite ongoing and active efforts to abolish them by the other two branches. That preservation - ostensibly turning on a balance between rationality, democratic instincts and the Constitution - remains vulnerable to (as we have seen in the US) seemingly equal perpetual authoritarian instincts.
SUB-TOPICS
OVERVIEW
(a) Introduction
(b) Basics
(c) Context
(d) JRs are Discretionary
(e) Practice
JR GROUNDS
(a) Overview
(b) Statutory Powers
(c) Public versus Private
(d) Procedural Fairness
(e) 'JR-Justiciability'
(f) Errors
(g) Irregularities
JR PROCEDURES
(a) Overview
(b) 'Exhaustion' Doctrine
(c) Court JR Routes
(d) Court JR Rules
(e) Court 'Leave to JR' Rules
JR EVIDENCE
(a) Introduction
(b) JR Evidence Subjects
(c) General JR Evidence Statutes
(d) JR Evidence Rules (RCP)
JR REMEDIES
(a) Overview
(b) Prerogative Writ Remedies
(c) 'Statutory Powers' Injunctions and Declaration Remedies
JR STANDARDS OF REVIEW (SOR)
(a) Introduction
(b) 'Reasonableness'
(c) Reasonableness Review
(d) 'Reasonableness' Exceptions
(e) Reasons for Decision
(f) Procedural Fairness
(g) 'Reasonableness' and Specific Areas of Law
(h) Other Issues
(i) Vavilov Critique
For website administrative purposes, all topic-related statutes (both Ontario and Federal) are 'home-located' with a single topic. The below statutes are the 'home statutes' for the Judicial Review topic.
