What is the meaning of the term "error of jurisdiction" in the context of judicial review?
British Columbia, Canada
The following excerpt is from Jozipovic v. British Columbia (Workers’ Compensation Board), 2012 BCCA 174 (CanLII):
The language used in Crevier reflects a taxonomy of administrative law that is no longer prevalent. At the time, judicial review was commonly classified as dealing with three distinct types of error – errors of law, errors of fact, and errors of jurisdiction. This method of classification was subsequently overtaken by the “pragmatic and functional analysis” first discussed in U.E.S., Local 298 v. Bibeault, 1988 CanLII 30 (SCC), [1988] 2 S.C.R. 1048, and, more recently, by the “standard of review analysis” (see Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190). The concept of an “error of jurisdiction” as that phrase was used in Crevier, then, may require some explanation.
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