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

Does a Minister's Minister of Employment and Immigration (Minister of Employment & Immigration) need to be appointed a Minister of Justice? (Canada (Federal), Canada)
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 section 33 of the Health and Social Care Ontario Health and Welfare Act, section 933(a) of the Human Rights and Human Rights Act, apply to an employer's liability under the Health & Social Care Act? (MultiRegion, United States of America)
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)
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)
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)
What is the test for unjust enrichment under an ultra vires statute? (Canada (Federal), Canada)
What is the test for judicial deference to an administrative tribunal on the interpretation of its "home statute" or statute? (Canada (Federal), Canada)
What is the scope of a Minister's discretionary power under section 220(3.1) of the Revenue and Customs Act? (Canada (Federal), Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.