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Yukon Surface Rights Board Act

Version of section 76 from 2003-01-01 to 2003-07-01:

Marginal note:Application for judicial review to Supreme Court

  •  (1) Notwithstanding section 18 of the Federal Court Act, the Federal Court — Trial Division has concurrent original jurisdiction in respect of relief referred to in paragraph 18(1)(b) of that Act, and the Attorney General of Canada, the Territorial Minister or anyone directly affected by the matter in respect of which relief is sought may make an application for judicial review to the Supreme Court of the Yukon Territory for any relief that the applicant could otherwise obtain in respect of the Board by way of an application for an order of or in the nature of mandamus, prohibition or certiorari or by way of an action for a declaration or an injunction.

  • Marginal note:Limitation period

    (2) An application for judicial review in respect of a decision or order of the Board must be made within thirty days after the day on which the decision or order was first communicated to the office of the Deputy Attorney General of Canada, the Territorial Minister or the party directly affected by the order, or within such further period as a judge of the Supreme Court may, either before or after the end of those thirty days, fix.

  • Marginal note:Powers of Court

    (3) On an application for judicial review, the Supreme Court may

    • (a) order the Board to do any act or thing that it has unlawfully failed or refused to do or has unreasonably delayed in doing; or

    • (b) prohibit, restrain, declare invalid or unlawful, quash, set aside or set aside and refer back for determination in accordance with such directions as it considers appropriate, any decision, order, act or proceeding of the Board.

  • Marginal note:Grounds for review

    (4) The Supreme Court may grant relief if it is satisfied that the Board

    • (a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;

    • (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;

    • (c) erred in law in making a decision or order, whether or not the error appears on the face of the record;

    • (d) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it;

    • (e) acted, or failed to act, by reason of fraud or perjured evidence; or

    • (f) acted in any other way that was contrary to law.

  • Marginal note:Technical irregularity

    (5) The Supreme Court may refuse any application for judicial review founded solely on a defect in form or other technical irregularity if it finds that no substantial wrong or miscarriage of justice has occurred and, if the technical irregularity was in a decision or order, it may make an order validating the decision or order, effective from such time and on such terms as it considers appropriate.

  • Marginal note:Interim orders

    (6) On an application for judicial review, the Supreme Court may make such interim orders as it considers appropriate pending final disposition of the application.

  • 1994, c. 43, s. 76
  • 2002, c. 10, s. 192(F)

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