JUDICIAL REVIEW
administrative law
Judicial Review is a complex area of administrative law, even for legal experts. Although administrative law disputes are often meant to be maneuverable for those without legal knowledge, judicial review applicants benefit greatly from legal representation. PATH has an abundance of experience challenging unfair decisions from police and prisons through judicial reviews.
How will the judge review the decision I am challenging?
During judicial review, a judge’s role is to oversee and evaluate a decision that has already been made. The judge typically assesses whether the decision was unreasonable or procedurally unfair.
A decision is considered reasonable if it aligns with relevant law and policy. For example, in Downey (2020 NSSC 201), Justice Campbell found the decision to deny Christopher Downey land title to be unreasonable because it was inconsistent with the purpose of the Nova Scotia Land Titles Clarification Act.
Procedural fairness concerns the process through which the decision was reached. Procedural fairness is context dependent but may include access to counsel, or the right to respond.
The Process
ADMINISTRATIVE DECISION IS MADE*
*and all internal processes for review of that decision have been exhausted.
APPLY FOR JUDICIAL REVIEW
To apply for judicial review, a notice must be submitted to the Federal Court or Nova Scotia Supreme Court.
RECORD OF DECISION FILED
The decision maker will file a record of their decision and the hearing (if there was a hearing) to the court.
DIRECTIONS FROM JUDGE
The judge may hold a hearing to offer guidance about the process, such as how and when to file necessary documents.
JUDICIAL REVIEW HEARING
At the judicial review hearing, the judge will hear evidence and arguments from both sides before making a decision.
Possible Remedies
The judge may refer the matter back to the decision maker for them to make a new decision. The judge can also provide guidance to the decision maker.
The judge may substitute the decision.
How PATH can help
PATH can provide summary advice to a person who is contemplating filing a judicial review
PATH can provide legal assistance and representation throughout the process for judicial review
LOOKING FOR OUR HELP?
Fill out our Intake Form, or reach out to our Office Manager by phone at 902 - 704 - 3628 or by email at m.macdonald@pathlegal.ca.
We will reach out to you in a timely manner.
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Practicing lawyers
Jessica Rose
Managing Lawyer
Hanna Garson
Staff Lawyer
Emma Arnold
Staff Lawyer