tag:blogger.com,1999:blog-7665355359899630254.post8185028443773230247..comments2023-12-20T07:29:21.752-05:00Comments on Administrative Law Matters: The hopeless search for 'true' questions of jurisdiction Paul Dalyhttp://www.blogger.com/profile/13433629868698007121noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-7665355359899630254.post-43736225358096843032013-08-19T14:15:48.763-04:002013-08-19T14:15:48.763-04:00Interesting observation on tendency of questions o...Interesting observation on tendency of questions of jurisdiction to also relate to home statute.<br /><br />The search may well be hopeless given that SCC has not identified a true question of jurisdiction, has been unable to define what might constitute such a question, and appears to have suggested it may be time to reconsider the existence of this category. See Alberta Teachers' Association, 2011 SCC 61, at para. 42:<br /><br />[42] As I have explained, I am unable to provide a definition of what might constitute a true question of jurisdiction. The difficulty with maintaining the category of true questions of jurisdiction is that without a clear definition or content to the category, courts will continue, unnecessarily, to be in doubt on this question. However, at this stage, I do not rule out, in our adversarial system, counsel raising an argument that might satisfy a court that a true question of jurisdiction exists and applies in a particular case. The practical approach is to direct the courts and counsel that at this time, true questions of jurisdiction will be exceptional and, should the occasion arise, to address in a future case whether such category is indeed helpful or necessary.Neil Wilsonnoreply@blogger.com