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Black v Chretien (2001) 199 D.L.R. (4th) 228 (C.A.)


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.


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


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


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


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

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