Judicial Review vs. Appeal in Canada: Key Differences Explained

Many people confuse judicial review and appeal when challenging legal decisions in Canada. While both serve as recourse mechanisms, they differ significantly.

What is an Appeal in Canada?

An appeal allows a higher court to review the merits of a lower court or tribunal's decision. It examines whether the decision was legally correct based on evidence and law.

What is Judicial Review?

Unlike an appeal, judicial review does not reassess the merits of a case but focuses on whether the decision-making process was fair, lawful, and reasonable.

Key Differences Between Judicial Review and Appeal

• Focus: Appeals focus on the correctness of the decision, while Judicial Reviews focus on the fairness and legality of the process.
• Reviewer: Appeals are reviewed by the higher court, while Judicial Reviews are reviewed by federal or provincial courts.
• Outcome: Appeals may result in decisions being changed, while Judicial Reviews may result in decisions being set aside and re-examined.

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When to Choose Judicial Review or Appeal?

• If you believe there was a legal or factual error in the decision, an appeal may be appropriate.
• If the process was unfair or unreasonable, judicial review is the right path.

Understanding these differences ensures you take the right legal action when challenging government or administrative decisions in Canada.