Is a privative clause sufficient to remove the judiciary's power to review actions and decisions of administrative bodies for compliance with the constitutional capacities of the government?

British Columbia, Canada


The following excerpt is from Construction & Specialized Workers' Union, Local 1611 v. British Columbia Labour Relations Board, 2009 BCSC 701 (CanLII):

The legislative branch of government cannot remove the judiciary’s power to review actions and decisions of administrative bodies for compliance with the constitutional capacities of the government. Even a privative clause, which provides a strong indication of legislative intent, cannot be determinative in this respect…As noted by Beetz J. in U.E.S., Local 298 v. Bibeault, 1988 CanLII 30 (SCC), [1988] 2 S.C.R. 1048, at p. 1090, “[t]he role of the superior courts in maintaining the rule of law is so important that it is given constitutional protection”. In short, judicial review is constitutionally guaranteed in Canada, particularly with regard to the definition and enforcement of jurisdictional limits.

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