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

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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

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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

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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

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Year in Review

My blogging year has been dominated — almost bookended, even — by two symposiums, one (held jointly with Double Aspect) to mark the tenth anniversary of the Supreme Court of Canada’s decision in Dunsmuir v New Brunswick (see here), and another on a United Kingdom Supreme Court appeal concerning ouster or privative clauses, published on Administrative […] Read more