Administrative Law, Tribunals, & Judicial Review

The Supreme Court of Canada has described administrative law and tribunals as follows:

‘Decisions made by governments, or those acting on their behalf, are called “administrative decisions.” They are part of “administrative law.” Most legal decisions that affect people are administrative decisions, not court ones.

An administrative decision can be anything from a letter from a benefits agency, to a town by-law, to a decision by a tribunal. Administrative decision-makers often aren’t judges or lawyers. Their decisions usually don’t look like court decisions. But judges and courts have a role. Under the Constitution, courts can make sure administrative decision-makers follow the rules. They do this through a process called “judicial review.”

Tribunals and administrative decisionmakers decide many legal issues and conflicts. Judicial review is the process of asking the courts to “review” and reverse an such decisions. Judicial review is like an appeal but with some differences. The rationale for tribunals and boards is to provide faster, cheaper, and simpler procedures for resolving disputes than the courts.

In Saskatchewan, some administrative tribunals include:

• Automobile Injury Appeal Commission.
• Athletics Commission of Saskatchewan.
• Financial and Consumer Affairs Authority of Saskatchewan.
• Highway Traffic Board.
• Information and Privacy Commissioner.
• Office of the Public Guardian and Trustee.
• Provincial Mediation Board.
• Public and Private Rights Board.
• Saskatchewan Human Rights Commission.
• Saskatchewan Municipal Board.
• Saskatchewan Office of Residential Tenancies.
• Saskatchewan Public Complaints Commission.
• Surface Rights Board of Arbitration.
• Workers’ Compensation Board.

However, navigating tribunals and administrative decisionmaking process can still be challenging. Contact us if you need help with such matters.