This is a single section from Chapter 25. Read the full chapter here.

Will the subject matter of the appeal be limited?

The subject matter of an appeal should not be unreasonably limited.

 

Legislation should explicitly set out any limitations on the content of the appeal. If imposing limitations would leave an individual with no effective recourse to the courts, the right of appeal should not be limited.

The type of issues that may be considered on appeal should be determined in light of the purpose of providing the appeal, the competence of the appellate body, and the appropriate balance between finality on one hand, and accurate fact-finding and correct interpretation of the law on the other.

A decision may be appealed on the grounds that the factual findings at first instance are wrong (error of fact), or that the decision maker applied the law incorrectly (error of law). However, statutes may, and often do, limit a right of appeal simply to questions of law. The distinction between the two is not always clear-cut and legal advisers should be consulted.

This page was last modified on the