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This section of law addresses citizen’s interaction with public administration. There are two types of cases. There are those that seek to affirm citizen’s rights in front of the public administration itself, for example in front of a C.S.S.T. revision board, or in front of the Liquor Board, or any other administrative body, generally a government office, either provincial or federal. For instance, citizens groups who address environmental matters or even any other public concern, transports or other public services, welfare beneficiaries, or even unions often exercise administrative recourses because they generally have business interaction with public administration or because they seek answers to questions concerning and/or affecting the public.
At the first level, in provincial matters, the recourses generally have a right of appeal in front of Quebec’s Administrative Tribunal and in federal matters the appeal is generally before the Federal Court.
The second type of administrative recourse generally takes place in front of judicial tribunals, as opposed to administrative tribunals, at the first level in front of the Superior Court, or the Federal Court of first instance, and after that, before Quebec’s Appeal Court or Federal Appeal Court, and then in front of the Supreme Court.
This type of recourse addresses essentially a judiciary control by a judicial court of the respect in the application of the rules of natural justice : for example, the right to have a fair hearing in front of an impartial judge, or the right to present your case, right to obtain a postponement, or the application of the right criteria of proof evaluation, etc …, and it also addresses control by judiciary courts of the fair and reasonable application of the rules pertaining to fundamental rights of the citizens in their interaction with public administration.
We can help you bu providing you information for your action before the courts or tribunals in the light of law and jurisprudence, the jurisdiction of the different Courts, etc.
Generally speaking, we will help you to prepare for your day in court, where you will present your case yourself, in front of the right judge, and the right way.
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