Does a Minister have exceeded his jurisdiction and acted in a way that is ultra vires a statute?

Canada (Federal), Canada

The following excerpt is from Friends of the Canadian Wheat Board v. Canada (Attorney General), 2010 FC 104 (CanLII):

Whether or not a Minister has exceeded his or her jurisdiction and acted in a way that is ultra vires a statute is an issue that should be determined on a standard of correctness. Indeed, this is a “true question of jurisdiction or vires.” See Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190 at paragraph 59. As such, correctness will be used to consider whether the Minister had lawful authority to make the July 23, 2008 Decision.

Other Questions


Is the panel’s decision that a Minister of Justice should not be allowed to appoint a Minister for Employment and Immigration (e.g. Minister of Work and Pensions) to the Minister of Employment and Training (Employment), or is the panel's decision patently unreasonable? (Canada (Federal), Canada)
Does a Minister's Minister of Employment and Immigration (Minister of Employment & Immigration) need to be appointed a Minister of Justice? (Canada (Federal), Canada)
Under what circumstances will the Minister of Employment and Immigration be allowed to continue to be a Minister of Justice in the context of the Minister’s Accessibility Guidelines? (Canada (Federal), Canada)
Can a Minister of Employment and Immigration (minister of employment and immigration) bring a claim against the Minister of Justice for Ministerial Responsibility for Immigration and Refugee Protection Division in a federal civil case? (Canada (Federal), Canada)
What is the test for unjust enrichment under an ultra vires statute? (Canada (Federal), Canada)
When a statute requires knowledge of the jurisdictional element of a claim, when the statute itself states that knowledge is not an essential element, is that knowledge required? (MultiRegion, United States of America)
Is section 22 of the Immigration Regulations ultra vires the Immigration Act? (Canada (Federal), Canada)
Does a rule of customary international law to the effect that courts have universal civil jurisdiction to hear civil cases alleging acts in violation of jus cogens? (Canada (Federal), Canada)
What are the consequences of failing to act under Section 851(b) of the Civil Rights Act? (MultiRegion, United States of America)
What is the scope of a Minister's discretionary power under section 220(3.1) of the Revenue and Customs Act? (Canada (Federal), Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.