Another week, another underwhelming standard-of-review decision from the Supreme Court of Canada — this time in Kanthasamy v. Canada (Citizenship and Immigration), 2015 SCC 61. At issue here was the scope of the Minister for Citizenship and Immigration’s authority to waive statutory conditions for “humanitarian or compassionate” reasons, an authority expressly conferred by s. 25(1) […] Read more

My post on Febles v. Canada (Citizenship and Immigration), 2014 SCC 68 has attracted many comments. Some readers are sympathetic to the Supreme Court of Canada. And, indeed, one may wonder what the practical effect is of standard-of-review discussions that sometimes border on the metaphysical. Should the Supreme Court of Canada not focus on resolving […] Read more