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Challenging a Decision

You may disagree with that a decision a government agency has made. There are ways to have these decisions reviewed. The rules for reviewing a decision vary depending on the law.

Review of a Decision

You can always ask the agency about the review process.

If you disagree with a government agency’s decision, you can ask for a review. How the review happens depends on how the agency is set up. An agency may be able to review its own decision. The law may also establish appeal or review boards to oversee reviews of decisions. The time limits for asking for a review will vary from agency to agency. What a reviewer can do after reviewing a decision will also vary depending on the law.

Review by a Court

During this kind of review, a court usually cannot award compensation. You would need to seek this through a separate action for damages.

There are some situations where you can ask a court to review a decision. To do this you will usually need a lawyer to help you. Courts can only review a decision in limited circumstances. For example, where the agency‘s process was unfair or if the agency did not have the authority to deal with the matter. The court cannot ask themselves how they would have decided a matter differently than the agency. They can only look at whether the decision was improper.

There are several actions a court can take if they find that an agency has made a decision that was improper. The court can:

  • strike down the decision
  • require the agency to make a new decision based on a proper application of the law
  • if the law allows it, rehear the matter themselves or change the decision

If an agency’s decision would cause immediate harm, the court can issue an injunction. This would prevent anyone from acting on the decision until the court has considered if the decision is valid. This could happen, for example, if an agency approved the demolition of a building and their decision is going to be challenged. An injunction would stop the demolition of the building until the court decides on the matter.

Ombudsman

If you think the provincial government or one of its agencies has treated you unfairly, you can file a complaint with the Ombudsman. The Ombudsman is separate from the government. Before making a complaint, you need to use any appeals that are available through the board or agency.

When looking into the matter, the Ombudsman will consider things like:

  • what information was considered
  • whether you were able to tell your side of the story
  • how you were treated

If they find that you have been treated unfairly, they can make recommendations to the government about how to correct the situation.

There are also independent bodies that can investigate complaints about federal government agencies. The Federal Ombudsperson for Victims of Crime and Office of the Taxpayers’ Ombudsperson are two examples.

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PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.