What is the test for exercising the exercise of the prime minister’s executive prerogative?
Canada (Federal), Canada
The following excerpt is from Conacher v. Canada (Prime Minister), 2009 FC 920 (CanLII), [2010] 3 FCR 411:
The Court in Black v. Canada (Prime Minister) held that “[t]he exercise of the prerogative will be justiciable, or amenable to the judicial process, if its subject matter affects the rights or legitimate expectations of an individual” [at paragraph 51].
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