La reconnaissance d'une forme mitigée de dualité de juridictions en droit administratif canadien

Abstract

The present text discusses the reception, in Canada, of the French model of duality of jurisdictions in the field of administrative law. It seeks to demonstrate that, notwithstanding the ideological divergences from which each system was born, the Canadian system moves towards a mitigated form of duality of jurisdictions. Part I compares the characteristics and the historical foundations of both the French and the Canadian jurisdictional Systems and emphasizes their divergent elements. Part II analyzes the recent evolution — principally marked by the emergence of specialized administrative tribunals, the creation of a court of justice mostly dedicated to administrative matters and the introduction of a new standard of judicial review — from which it can be deduced some common features with the French model. Without speaking of an absolute convergence, this analysis reveals the fact that the pur suit of specialization which underlies the changes made in the Canadian jurisdictional order and in the Rule of law, not only leads to a duality of jurisdictions at the level inferior tribunals, but paves the way to the development of an autonomous corpus of administrative law.