What is the first step in the judicial review process?

The first step in the judicial review process is defining the pith and substance of the legislation or action being challenged. This concept is crucial because it helps determine the true nature and purpose of the law, which then allows the court to assess whether it falls within the jurisdiction of the federal or provincial governments as set out in the Canadian Constitution.

Understanding the pith and substance involves looking beyond the surface language of the law to analyze its fundamental objectives and implications. This step is foundational because it sets the stage for further legal analysis, particularly when assessing constitutional validity and compliance with jurisdictional powers.

Gathering public opinion, consulting the federal government only, and analyzing previous court decisions, while important in various contexts, do not represent the initial step necessary for judicial review. Instead, they may serve as secondary considerations or factors in broader legal analysis after establishing the essential nature of the statute or action in question.