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Developments In Administrative Law: The 2014-2015 Term, Gerald Heckman
Developments In Administrative Law: The 2014-2015 Term, Gerald Heckman
Gerald Heckman
In its seminal 2008 judgment in Dunsmuir v New Brunswick and in subsequent decisions, the Supreme Court has done much to address essential questions regarding how Canadian courts should approach the review of administrative decisions, including those that engage the Charter. Notably, it has clarified and simplified the standard of review framework by making reasonableness the presumptive standard of review of administrative decision makers’ interpretation of their enabling and related legislation. In Mouvement Laïque Québécois v Saguenay (City) and Tervita Corp. v Canada (Commissioner of Competition), two decisions from its 2014-2015 term, the Court recognized relatively contained “contextual …