What is the test for Charter principles in the context of a review of an adjudicator's decision?
British Columbia, Canada
The following excerpt is from Hazelhurst v. British Columbia (Superintendent of Motor Vehicles), 2014 BCSC 72 (CanLII):
As to the Charter arguments advanced, I adopt the decision of Bracken J. in Williams v. British Columbia (Superintendent of Motor Vehicles), 2012 BCSC 1976, and conclude that it is not open to the adjudicator to grant Charter relief, and thus the adjudicator is not required to decide Charter issues. This leads me to conclude, in turn, that on a review of the adjudicator's decision, this court ought not to consider or apply Charter principles, as to do so would be to subject the decision under review to an entirely different standard than was open to the adjudicator.
"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
Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable? (British Columbia, Canada)
What is the test for reviewing a decision-making power of a body in the context of constitutional review analysis? (British Columbia, Canada)
What is the standard of review for a decision of the adjudicator’s decision of November 1, 2016? (British Columbia, Canada)
What are the standards of review applicable to a judicial review of a decision made under the Rules of Review Act? (British Columbia, Canada)
What is the standard of review for a judicial review of a decision of an adjudicator confirming a roadside driving prohibition? (British Columbia, Canada)
Does a judicial review decision by a chambers judge who failed to take the necessary steps to review a decision by the chambers judge? (British Columbia, Canada)
What is the standard of review applied by an appellate court reviewing a decision of a trial judge concerning matters of custody and access? (British Columbia, Canada)
How have the principles of tortfeasor's law been interpreted in the context of the case law, and what are the principles with respect to animals generally? (British Columbia, Canada)
What is the test for giving deference to a decision by an adjudicator in a judicial review? (British Columbia, Canada)
What is the standard of review of a decision by an adjudicator on an administrative driving ban? (British Columbia, Canada)
