Jurisdiction and Justiciability: Hupacasath First Nation v. Canada Shows Few Decisions Shielded from Judicial Authority – Davis.ca
March 16, 2015
Davis LLP Litigation & Dispute Resolution Bulletin
In the January 9, 2015 noteworthy decision Hupacasath First Nation v. Canada (Attorney General)1, the Federal Court of Appeal provided clarity on two important issues: firstly, the federal courts’ jurisdiction to review the exercise of prerogative powers; and secondly, the justiciability of the exercise of said powers – or the limits over which a court can exercise its judicial authority upon legal issues.
This bulletin outlines the ruling and reviews the scope of judicial authority granted by Parliament to the Federal Courts.
Case Background
