What is Judicial Review in Canada?
The judicial review process is a multi-step process undertaken in the Federal Court of Canada. It ensures that decisions made by certain administrative authorities were fair, correct, reasonable, and lawful. The review is done in front of a panel of three judges of the Divisional Court, though urgent cases can sometimes involve the superior courts too.
While it may seem like it, a judicial review does not allow you to reargue a case. Instead, it is used to show that a decision made by an administrative body was not made properly. Judicial reviews address one of two standards; either the correctness of a decision or the reasonableness.
Reasonableness is the deferential standard. This means that even if one of the judges feels they would have made a different decision, they will not interfere with a decision that is deemed reasonable. This means the individual has to persuade the tribunal that the decision was unreasonable to change the said decision.
In some rare cases, the correctness standard applies instead. In these cases, the judges come to their own decision about the result.
However, this standard only applies in limited circumstances, for example,
- There is a constitutional question;
- There is a question related to the jurisdictional boundaries between two or more administrative bodies;
- A general question of law of central importance to the legal system as a whole is raised.
What Decisions Can be Reviewed?
Any decision maker whose authority exists by ‘virtue of the state’ is subject to judicial review in Canada. This could include administrative tribunals and government decision-makers but does not extend to private actors.
Examples of judicial review cases that we may undertake here at Jasmin Sandhu Law include:
Refusal of permanent residency applications
Certain spousal cases
Refused work or study permits
Refused Humanitarian and Compassionate considerations applications
Should I Apply For a Judicial Review?
A judicial review takes time and money and is not a decision to be taken lightly, but if you are serious about undertaking an application, then you will need to be aware of some of the key timeframes that apply. To begin with, you will need to file an application for leave and for judicial review at the Federal Court within 15 or 30 days of your written negative decision, depending on if it is an immigration or citizenship matter.
From here, you have 30 more days to perfect your application and file an Application Record with all supporting arguments and documents. After reviewing the written arguments from all parties, the tribunal will decide whether or not to grant leave. If leave is granted, the Court sets a date for hearing of the application for judicial review / provides timelines for production of the tribunal record and filing by parties of any additional documents.
Applying for a judicial review is not an appeal, and if you have the right to appeal or request a reconsideration, then your application for a judicial review will likely be declined. The court will wait until all these processes have been completed before they consider your application.
Judicial Review Services at Jasmin Sandhu
At Jasmin Sandhu Law we have lots of experience with judicial reviews and we are committed to helping all of our clients through the process. We will provide support, guidance, and legal expertise to ensure that your application is heard and goes as smoothly as possible.
If you are considering applying for judicial review, or you just want to understand the process and what it entails, then don’t hesitate to reach out to Jasmin Sandhu and find out more. Undertaking an application for judicial review will be much less complicated with the help of an experienced and committed lawyer!
Are You in Need of a Judicial Review Lawyer in Toronto and the GTA? Contact Jasmin Sandhu Law Today!
For a judicial review lawyer in Toronto and the GTA that is committed to being by your side every step of the way, look no further than Jasmin Sandhu Law. The assistance of an immigration lawyer who has the experience and expertise necessary to assist you with a judicial review.
Get in contact today to find out more.