Law Society of Ontario (LSO) Paralegal Practice Exam

What two limits are placed on delegated decision-making by the Constitution?

1. An appeal right to higher courts

2. Compliance with the Charter of Human Rights and exclusive jurisdiction

3. Delegation of powers to other provinces

4. Decisions subject to public opinion

The correct answer is: Compliance with the Charter of Human Rights and exclusive jurisdiction

The correct answer emphasizes that delegated decision-making must adhere to the principles established in the Canadian Charter of Rights and Freedoms, as well as operate within the bounds of jurisdiction defined by law. This means that any decisions made by delegated authorities must not violate the rights and freedoms protected under the Charter. For instance, actions taken by delegated decision-makers must respect the fundamental freedoms such as the right to fair trial, freedom of expression, and equality rights. Additionally, compliance with law regarding exclusive jurisdiction means that decision-makers can only operate within the scope of authority designated to them by legislation or constitutional provisions. They do not have the autonomy to exceed these limits, which ensures accountability and respects the division of powers outlined in the Constitution. The other options do not accurately capture these core limits. While access to higher courts serves as an important appeal mechanism, it is not directly a constitutional limit on delegated authority itself. The delegation of powers to other provinces is more about intergovernmental relations and does not pertain to the nature of delegated decision-making limits. Finally, decisions subject to public opinion may influence decision-makers but do not constitute a formal constitutional limit on their authority.