internal standard of review | Page 6

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Sorting out Refugee Appeals

Canadian decisions on internal appellate review are coming thick and fast. Another one arrived last week, with some media fanfare: Huruglica v. Canada (Citizenship and Immigration), 2014 FC 799. Here, Phelan J. gave the Refugee Appeal Division a very broad role indeed. Rebuking the Division for applying judicial review standards to an internal appeal, he […] Read more

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Deference, Weight and Procedural Fairness

In both Canada and the United States, considerable jurisprudential effort has been expended on identifying “standards of review” of administrative action. Standards of review refer to the tests applied to determine whether a court should strike down administrative decisions.Most of the time, when administrative lawyers speak of “deference” they have in mind a standard of […] Read more

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Publish or Be Damned

A troubling controversy is emerging about the decision of a couple of federal adjudicative tribunals, those charged with social security and refugee appeals, to refuse to publish all of their decisions. Those who regularly represent clients in these appeals are complaining. There is no general rule even that all judicial decisions be published. In courts […] Read more

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Appealing to the Right Place

The Québec Court of Appeal issued an important decision recently, clarifying the appropriate avenues for appeals of (some) administrative decisions: Lebel c. Kanafani, 2013 QCCA 200.At issue here was a complaint against a real estate agent, which was rejected at first instance by the appropriate regulatory body. The applicant then sought leave to appeal to […] Read more

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You Don’t Have the Power: Securities Investigations in Québec

In the context of an ongoing investigation of the embattled engineering firm, SNC-Lavalin, Québec’s securities regulator compelled an executive to produce certain documents. In the same letter, however, the regulator purported to prevent the executive from telling anyone else about the documents (apart from the company’s lawyers). Revealing the existence of an ongoing investigation was […] Read more

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Immigration Officer’s Interpretation of Guidelines was Unreasonable

I’ve commented previously on administrators’ interpretations of their own regulations. In a recent Federal Court case, Moya v. Canada (Citizenship and Immigration), 2012 FC 971, the question of how reviewing courts should treat such interpretations arose again.The applicants were members of a Colombian family, variously born in Colombia, the United States and Canada (having been […] Read more