What is the standard of correctness of a determination by an administrative body that it has jurisdiction under its enabling statute?
British Columbia, Canada
The following excerpt is from Vancouver Rape Relief v. British Columbia (Human Rights Commission), 2000 BCSC 889 (CanLII):
I have considered the argument that a determination by an administrative body that it has jurisdiction under its enabling statute is one that should be assessed on a standard of correctness due to the principle that a statutory body cannot confer jurisdiction upon itself. See: Cooper v. Canada (Human Rights Commission) (supra).
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