Seeking Simplicity in Canada’s Complex World of Judicial Review
16 Pages Posted: 26 Nov 2018
Date Written: October 31, 2018
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
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