Seeking Simplicity in Canada’s Complex World of Judicial Review

16 Pages Posted: 26 Nov 2018

Date Written: October 31, 2018

Abstract

This essay, written from the perspective of a current adjudicator and former litigator, proposes a two-step process for simplifying the standard of review framework for judicial review in Canada. First, the courts would establish a default framework that evaluates the reasonableness of tribunal decisions. Second, the legislatures would pass clear statutory language on when the default standard of review of reasonableness will not apply.

Keywords: Canada, judicial review, standard of review, reasonableness

Suggested Citation

DeMarco, Jerry, Seeking Simplicity in Canada’s Complex World of Judicial Review (October 31, 2018). Available at SSRN: https://ssrn.com/abstract=3276335 or http://dx.doi.org/10.2139/ssrn.3276335

Jerry DeMarco (Contact Author)

Independent ( email )

No Address Available

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