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Judicial Review - Charter

. Daneshvar v. Her Majesty the Queen in Right of Ontario

In Daneshvar v. Her Majesty the Queen in Right of Ontario (Div Ct, 2021) the Divisional Court considers the interaction of Charter and judicial review jurisdiction:
[32] These concerns are not affected by the fact that the applicant purports to advance Charter arguments. The Divisional Court will only have jurisdiction to grant declaratory relief on an application for judicial review in the context of a Charter challenge where the government action relates to the exercise, refusal to exercise or proposal to exercise a statutory authority: Di Cienzo v. Attorney General of Ontario, 2017 ONSC 1351, at paras. 19-22, citing Falkiner v. Ontario Ministry of Community and Social services (1996), 1996 CanLII 12495 (ON SCDC), 140 D.L.R. 115 (Ont. Div. Ct.).


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