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Reconciling tort and administrative law concepts of justice: the case of historical wrongs.(Canada)
- Article from:
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University of New Brunswick Law Journal
- Article date:
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November 1, 2007
- Author:
- Jacobs, Laverne
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Copyright informationCOPYRIGHT 2007 University of New Brunswick Law Journal. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The response of the Canadian courts to the action in Mack has been disappointing. ... A fully mature legal system recognizes that the judiciary have a duty alongside the legislature to ensure the proper content of law, and this may in exceptional cases require them to deny the validity of procedurally sound statutes. Of course, should a reasonable statutory scheme of compensation be created, the courts would respect that as replacing the right to restitution for mistake of law. But it would seem that on both accounts the Canadian system has yet to reach full maturity.
--Julian Rivers (1)
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