Dunsmuir and Jurisdiction
Canadian Journal of Administrative Law & Practice: Special Issue -- A Decade of Dunsmuir (2018)
4 Pages Posted: 5 Oct 2018 Last revised: 5 Dec 2018
Date Written: February 20, 2018
This symposium piece discusses the way the Supreme Court of Canada in its 2008 Dunsmuir decision returned to jurisdiction as a key analytic device with which to conduct judicial review of administrative action. The Court did so, however, without offering a method to distinguish jurisdictional errors of law from non-jurisdictional errors. Without such a method, judicial review is at risk of abandoning its commitment to deference and reverting to an interventionist approach on the back of purported jurisdictional errors.
Keywords: Dunsmuir, Judicial Review, Administrative Law, Jurisdictionn, Deference
Suggested Citation: Suggested Citation