Disability hearings are fairly casual occasions. Judicial overview of administrative decisions is different from an administrative enchantment. For example, the Canadian Transportation Company equally has …all of the powers, rights and privileges which are vested in a superior court docket” (Canadian Transportation Act, s.25).
In any other case, courts could inadvertently allow unjustified resolution-making. I see this case as an excessive instance of the fashionable pattern of administrative law: in direction of extra regulation and extra administrative choice-makers that have court-imposed limitless” powers (see West Fraser , at para 11).
Most importantly, the former can stand in review of the latter (ie) the Federal Courtroom to the Refugee Enchantment Division. When courts defer to administrative choice-makers in Canada, they effectively impose an onus on claimants to rebut a presumption of legality.
But in Agraira itself, the Courtroom famous that it couldn’t determine with finality the precise reasoning of the Minister.” I fail to notice how a judicial assessment court docket, in those circumstances, can decide whether or not the reasoning and final result match inside a variety of cheap outcomes.
The position of the courts on judicial evaluation, as noted in Bibeault, is so important that it’s given constitutional safety 126. On this question, the distinction just isn’t between s. ninety six courts and all other determination-makers, but fairly between supervisory courts and different statutory creations.