So Long, And Thanks For All The Privative Clauses

Can Parliament or a provincial legislature prevent courts from reviewing administrative decisions? In Democracy Watch,the Supreme Court of Canada answered a longstanding question in administrative and constitutional law about the status of privative clauses, by deciding they are inconsistent with ss. 96 to 101 of the Constitution Act, 1867.

What you need to know

• Legality review is constitutionally guaranteed for all aspects of an administrative decision. The superior courts’ supervisory jurisdiction covers all exercises of public authority and ensures that each exercise does not exceed the legal limits of the authority at issue. 
• Privative clauses barring review of questions of fact and law can be constitutionally invalid.Courts must be able to remedy any unlawful exercise of authority. Legislative attempts to restrict this supervisory jurisdiction impermissibly limit the courts’ constitutional function.