internal standard of review

From Blogger

Internal Standard of Review

Suppose there is an administrative decision-maker. Suppose the legislature, in its wisdom, provides for an internal means of appeal. What standard of review should the appellate decision-maker apply to the first-instance decision-maker? And how should a court judge the choice of standard on judicial review? Proceeding from first principles, I would say the answer is […] Read more


OBA Annual Update on Judicial Review

Justice Stratas and I will be presenting at the Ontario Bar Association’s Annual Update On Judicial Review tomorrow (registration for the webcast is here). Here is the bill of fare: The Supreme Court: Undue Delay, International Law and the Standard of Review Law Society of Saskatchewan v. Abrametz, 2022 SCC 29 Society of Composers, Authors […] Read more


Unresolved Issues after Vavilov I: Internal Appeals

This week, I am going to post three pieces on matters left unresolved by the Supreme Court of Canada in its seminal administrative law decision, Canada (Citizenship and Immigration) v. Vavilov, 2019 SCC 65. First, internal appeals, second, administrative decisions allegedly infringing Charter rights and, third, procedural fairness. There are three observations to make about […] Read more


The Vavilov Framework II: Reasonableness Review

In their hard-hitting concurring reasons in Vavilov, Abella and Karakatsanis JJ charge the majority with “reviv[ing] the kind of search for errors that dominated the pre-C.U.P.E. era” (at para. 199). Although there are some differences of detail, and some internal tensions in the majority’s articulation of a new methodology for reasonableness review, on balance the […] Read more


Consistency in Administrative Adjudication: Canadian Association of Refugee Lawyers v. Canada (Citizenship and Immigration), 2019 FC 1126 and Shuttleworth v. Ontario (Safety, Licensing Appeals and Standards Tribunals), 2019 ONCA 518

In two important recent decisions, Canadian courts have had to consider the lawfulness of internal administrative arrangements designed to promote consistent decision-making. On both occasions, the arrangements ran afoul of the principles of administrative law. In Shuttleworth v. Ontario (Safety, Licensing Appeals and Standards Tribunals), 2019 ONCA 518 a process of peer review of draft […] Read more