What is the test for determining whether a person has true jurisdiction before an administrative tribunal?
Saskatchewan, Canada
The following excerpt is from Saskatoon Regional Health Authority v Ready, 2014 SKQB 273 (CanLII):
The applicable foundational decision is Dunsmuir v. New Brunswick, supra. Under the current doctrine of administrative law applicable in Canada, questions of true jurisdiction before an administrative tribunal constitute questions of law, invoking the standard of review of correctness. The actual decision of the tribunal is to be reviewed on the standard of reasonableness, and some measure of deference is generally owed to the tribunal.
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