FavoriteLoadingSave to briefcase | Rating: | By (2012)

  • PrintEmail Link
  • Viewed 1,518 times | Saved to 341 briefcases
Black v Chretien (2001) 199 D.L.R. (4th) 228 (C.A.)

Facts:

PMs communication with the Queen was an exercise of prerogative power (Trial concluded). He went to her to grant honours and conduct foreign affairs. Black wanted to be a member of the House of Lords, he had to give up citizenship to do it.

Issue(s):

What are the prerogative powers?
Are the prerogative powers exercised by the PM reviewable in the courts?

Ratio:

Test for whether the exercise of a prerogative power is reviewable: Where the right or legitimate expectation of an individual are affected, the court is both competent and qualified to judicially review the exercise of the prerogative power – if not, then not reviewable

Analysis:

The Crown prerogative – is the residue of the discretionary or arbitrary authority, which at any given time is left in the hands of the Crown.
**The power and privileges accorded by the common law to the Crown
**Can be limited or displaced by statute

If the subject matter of the prerogative power is amenable to the judicial process, it is reviewable, if not, it is not reviewable.
**Will be amenable if it affects the rights of individuals

1. General matter – prerogative powers are reviewable – Courts can review
2. Then test – whether they will review matter depends on whether the particulate exercise implicated and important individual interest

Holding:

The discretion to confer or refuse to confer an honour is the kind of discretion that is not reviewable by the courts.


Leave a Comment

You must be logged in to participate.

This document is a general discussion of certain legal and related issues and must not be relied upon as legal advice. This document may not have been written or reviewed by a legal practitioner. For more information, please see the website Terms of Service.