Remedial Power of Administrative Tribunals

This paper examines the power of administrative tribunals to grant remedies for breaches of the Charter of Rights. That power is now extensive. Under the supremacy clause of section 52 of the Constitution Act, 1982, an administrative tribunal that has the power (express or implied) to decide questions of law can also decide on the constitutionality of laws, including even the constitutionality of provisions of its own enabling statute. Under the remedial clause of section 24 of the Constitution Act, 1982, an administrative tribunal that is deemed to be a “court of competent jurisdiction” (and most tribunals are) can award a declaration, injunction, costs, or other appropriate and just remedy, for breach of the Charter of Rights. Whenever an administrative tribunal grants a Charter remedy, whether under section 52 or section 24, it is subject to judicial review on a standard of correctness