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Where a complainant argues a case of perceived objectionable, incorrect or wrongful conduct by an administrative agency or tribunal on both constitutional and subconstitutional grounds, how do Canadian courts determine which approach to use or which approach to consider first? Your commentary should make reference to the SCC decisions In Multani and at least two of the following S.C.C. decisions, Slaight, Eldridge, Blencoe, Suresh, Alhani and Lalonde. Do you agree or not with Professor Elliott that constitutional guarantees should be applied more cautiously than those of subconstitutional judicial review? Explain and discuss this dilemma. Do more than just describe. Be analytical in your answer, noting where possible any new relevant cases or commentaries.


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