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Judicial Review - Standing - Federal

. Dow v. Canadian Nuclear Safety Commission

In Dow v. Canadian Nuclear Safety Commission (Fed CA, 2021) the Federal Court of Appeal considered standing to apply for judicial review in a federal case:
[34] Not every administrative action will trigger a right to bring an application for judicial review. No right of review arises where the conduct in issue does not affect legal rights, impose legal obligations, or cause prejudicial effects: Canada (Attorney General) v. Democracy Watch, 2020 FCA 69, [2020] F.C.J. No. 498 at para. 19, leave to appeal to SCC refused, 39202 (15 October 2020) [Democracy Watch 2020]. See also Air Passengers Rights v. Canada (Transportation Agency), 2020 FCA 92, [2020] F.C.J. No. 630 at para. 22, leave to appeal to SCC refused, 39266 (23 December 2020); Tsleil-Waututh Nation v. Canada (Attorney General), 2018 FCA 153, [2019] 2 F.C.R. 3 at para. 175, leave to appeal to SCC refused 38379 (2 May 2019); Democracy Watch v. Conflict of Interest and Ethics Commissioner, 2009 FCA 15, 86 Admin. L.R. (4th) 149.

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Last modified: 30-06-22
By: admin