Can a decision as to registration be re-opened by reason of a change of mind?

Canada (Federal), Canada

The following excerpt is from Moses v. Canada, 2003 FC 1417 (CanLII):

Leaving aside that the present decision as to registration, by section 14.2(7) of the Act, is final and conclusive, there is also the application of the concept of functus officio once the Registrar has made a decision on a protest. By way of explanation, once an administrative tribunal has made a final decision in respect of a matter before it pursuant to its enabling statute, the decision cannot be re-visited by reason of a change of mind, an error within jurisdiction, or a change of circumstances: here see Chandler v. Alberta Association of Architects, 1989 CanLII 41 (SCC), [1989] 2 S.C.R. 848 at 861. There Mr Justice Sopinka, delivering the majority judgment, went on to say that an administrative tribunal can only re-open a matter if authorised by statute or where there had been a slip in drawing up a judgment or an error in expressing the manifested intention of the tribunal. Granted Mr Justice Sopinka went on, at page 862, to allow some flexibility in the application of the principle functus officio to administrative tribunals, but that any more relaxed approach, leading to re-opening a matter, was dependent upon implications in enabling statute that might allow the decision to be re-opened. Nor should the principle be applied slavishly where tribunal fails to dispose of issue, fairly raised n the proceeding and within the jurisdiction of the tribunal, for then the tribunal ought to be allowed to complete its statutory task: see page 862.

Other Questions


If there is an error in the finding that a defendant is not guilty beyond a reasonable doubt on the basis of reasonable doubt, is that error harmless beyond reasonable doubt? (MultiRegion, United States of America)
What is the test for requesting a brief written statement of reason from a local or appeal board making a decision adverse to the claim of a registrant? (MultiRegion, United States of America)
Is a decision not to reopen a final benefits decision subject to judicial review? (MultiRegion, United States of America)
Does the Court have jurisdiction to review a decision by the Health and Social Security Secretary refusing to reopen a previous decision denying benefits? (MultiRegion, United States of America)
Does post-decision information need to be considered relevant to the reasonableness of an administrative decision? (Canada (Federal), Canada)
How have the reasons for exclusion been explained in the reasons of the board? (Canada (Federal), Canada)
Can a decision maker in interpreting a statutory provision, in the context of reasonableness review, fail entirely to address all possible shades of meaning? (Canada (Federal), Canada)
What is the impact of a decision-maker bypassing administrative decision-makers on a constitutional matter such as this? (Canada (Federal), Canada)
What is the test for reasonableness of a decision by a police officer in a criminal case? (Canada (Federal), Canada)
What is the test for determining whether a decision under review was reasonable? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.