Can a Minister of Public Safety and Emergency Preparedness appeal a decision made under section 131 of the Emergency Management Act?
Canada (Federal), Canada
The following excerpt is from Germain v. Canada (Attorney General), 2011 FC 539 (CanLII):
Nguyen v. Canada (Minister of Public Safety and Emergency Preparedness), 2009 FC 724, [2009] FCJ No. 884, at paragraph 20, confirms that decisions made under sections 131 and 133 of the Act are distinct decisions that must be challenged separately. The decision under section 131 can be appealed only by way of an action, while the decision under section 133 can be challenged only by way of judicial review.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a Minister of Public Safety and Emergency Preparedness required to follow a prior decision of the Court of Appeal? (Canada (Federal), Canada)
What circumstances would justify a Minister of Public Safety and Emergency Preparedness following a prior decision of the same court? (Canada (Federal), Canada)
Is the panel’s decision that a Minister of Justice should not be allowed to appoint a Minister for Employment and Immigration (e.g. Minister of Work and Pensions) to the Minister of Employment and Training (Employment), or is the panel's decision patently unreasonable? (Canada (Federal), Canada)
Does the standard of correctness apply to a Minister of Public Safety and Emergency Preparedness? (Canada (Federal), Canada)
What is the timing of a motion for attorney's fees and costs in the wake of the Court of Appeal's decision of appeal against the Supreme Court of Justice's decision to dismiss the appeal? (MultiRegion, United States of America)
In what circumstances will the Minister of Public Safety and Emergency Preparedness bring a judicial review application? (Canada (Federal), Canada)
Is a Public Safety and Emergency Preparedness Reviewable on the standard of reasonableness of a Public Prosecutions Reviewable? (Canada (Federal), Canada)
What is the test for assessing irreparable harm to a family member’s ability to sue the Minister of Public Safety and Emergency Preparedness? (Canada (Federal), Canada)
What is the reasonableness analysis for a decision of the Appeals Officer in a motion to appeal against a motion of appeal? (Canada (Federal), Canada)
What is the effect of a frivolous appeal against the Court of Appeal's decision to dismiss the appeal on the grounds of mootness? (MultiRegion, United States of America)
