It is open to governments to set up regulatory schemes to address the procedural requirements appropriate to different problems at different stages, thereby strengthening the reconciliation process and reducing recourse to the courts.
Haida Nation v Canada, 2004
Administrative law regulates the relationship between individuals and the Crown (Canada and the provinces and territories). A major component of Administrative law is judicial review, or the appeal of an administrative or executive decision of the Crown. In the Aboriginal context, the duty to consult is often challenged through administrative processes.
Westaway Law Group represents Indigenous individuals, communities, organizations, Band Councils and businesses before administrative Tribunals and Agencies to ensure procedural fairness, the duty to consult and s. 35 rights are protected. We have significant experience before the provincial courts and the Federal Court. We can support your challenge of administrative decisions through appeals and judicial reviews.
Westaway Law Group can assist you or your community with any administrative law matter, such as:
Representation at federal and provincial Tribunals and Agencies;
Judicial Reviews; and
Appeals at federal and provincial Tribunals and Agencies.