standard of review


Why Would Jurisdiction Be Concurrent? Another Thought on Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16

David Mullan’s comment on yesterday’s post prompts me to give (virtual) voice to a thought about the Supreme Court of Canada decision in Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16. Gascon J. reviewed the question of the scope of the state’s duty of religious neutrality on a standard of correctness — allowing him […] Read more


Categories versus Rebuttable Presumptions: Tervita Corp. v. Canada (Commissioner of Competition), 2015 SCC 3

Tervita Corp. v. Canada (Commissioner of Competition), 2015 SCC 3 is a long, complex and important decision on competition law. It also contains a spirited disagreement between Rothstein and Abella JJ. on the appropriate standard of review of determinations of law made by the Competition Tribunal. Oddly enough, I think both of them are right: […] Read more


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


The Scope and Meaning of Reasonableness Review

Questions continue to abound about the standard of review of administrative action in Canada. For something apparently simplified in Dunsmuir v. New Brunswick and subsequent cases, it provokes a great many questions. The key question now, in light of the “triumph” of reasonableness, is the scope and meaning of reasonableness review. To what does the […] Read more


Deference Within Agencies?

Once more unto the ‘internal standard of review’ breach. Do the principles regulating judicial review by courts of administrative decision-makers apply when there is an appeal within an agency, and if so, to what extent? I tackled this question last year in the context of the Refugee Appeal Division. Now, the Federal Court has pronounced […] Read more