Question
Select one 1. What phrase is defined as harm that cannot be quantified in money terms or cannot be rectified by payment of compensation for
Select one
1. What phrase is defined as "harm that cannot be quantified in money terms or cannot be rectified by payment of compensation for the harm suffered"? a) serious harm b) irreparable harm c) patent harm d) harm simpliciter
2. Where would one look to determine who has the right to initiate judicial review proceedings in Ontario? a) the tribunal or agency's enabling legislation b) Statutory Powers Procedure Act c) the common law d) the Charter
3. What term describes a court's willingness to accept a decision of an agency rather than substitute a decision of its own, despite the fact that the court may not agree with the decision? a) correctness b) deference c) reasonableness d) stay
4. How long must a review take place after a decision is made pursuant to s. 21.2 of Ontario's Statutory Powers Procedure Act? a) Within 6 months b) Within a reasonable time c) Within 30 days d) The Statutory Powers Procedures Act does not contain a time requirement; the timing of reviews is left entirely up to tribunal governing statutes
5. What statute governs the judicial review of federal departments, boards, commissions, and tribunals?
a) Courts of Justice Act b) Judicial Review Procedure Act
c) Statutory Powers and Procedures Act d) Federal Courts Act
6. Which of the following statements is false?
a) The Immigration Division has jurisdiction to issue removal orders against permanent residents and foreign nationals. b) The Immigration Division is not bound by formal rules of evidence, but must adhere to the principles of natural justice. c) Hearings before the Immigration Division are quasi-judicial and are nonadversarial. d) The Immigration Division has jurisdiction to grant permanent resident status or temporary resident status to a foreign national if the member is satisfied that the foreign national meets the requirements of the Immigration and Refugee Protection Act.
7. In the case of decisions of agencies other than tribunals, what must an applicant for judicial review usually have? a) a petition to Cabinet in regard to the decision b) direct and substantial interest in the decision c) intervenor status in the original case d) leave of the court
8. What is the turnaround time to appeal a tribunal's decision to a court? a) 30 days b) 45 days c) 90 days d) 6 months
9. What are the two options for challenging the decision of a tribunal before a court? a) judicial review or appeal b) application to the ombudsman or appeal c) application to the ombudsman or judicial review d) internal review or application to the ombudsman
10. The Canada Border Services Agency officer may detain a permanent resident or a temporary resident who: a) is at the port of entry and claiming refugee status b) is unlikely to appear for an examination, hearing or removal c) appears to be lying to the officer d) entered Canada through a safe third country
11. Which of the following statements is false?
a) A Designates Countries of Origin is a label for a country that shows a trend for a high withdrawal and abandonment rate in refugee claims in Canada. b) Unlike port-of-entry officers, IRCC inland officers have the authority to decide the legitimacy of a refugee claim. c) Hearings for Designates Countries of Origin claimants made at the port of entry are scheduled within 45 days, whereas hearings for non-Designates Countries of Origin claimants are scheduled within 60 days. d) The intervention of a minister's representative in a refugee hearing makes the proceedings inquisitorial and adversarial. 12. Which avenue of review of a decision made by a tribunal is usually accompanied by an automatic stay of the tribunal's decision? a) reconsideration by the tribunal b) appeal c) review by an external monitoring agency d) judicial review
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