What is the test for an adequate alternative remedy to judicial review?
Saskatchewan, Canada
The following excerpt is from Young v. Regina Police Service (Chief of Police), 1999 CanLII 12571 (SK QB):
The leading case on this issue is Harelkin v. University of Saskatchewan, 1979 CanLII 18 (SCC), [1979] 3 W.W.R. 676 (S.C.C.) which establishes the doctrine of the “adequate alternative remedy” as a bar to judicial review. The existence of an adequate alternative remedy is held to constitute a bar because judicial review is a discretionary remedy. Thus, if an adequate alternative method of securing justice for the parties is available, it ought to be accessed.
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