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The presumption of reasonableness in administrative review suggested by Binnie J in Dunsmuir did not find majority support at the time but has since been accepted by the Supreme Court in other cases. [10] That presumption of reasonableness has since led to a more deferent view being taken by courts in Canada in reviewing administrative ...
Quebec (AG) v Canada (AG) 2015 SCC 14 : Whether federal legislation abolishing the long-gun registry also containing provision requiring the destruction of long-gun registration data is ultra vires the criminal law power of Parliament under s. 91(27) of the Constitution Act, 1867: Karakatsanis J: McLachlin CJ and Rothstein and Moldaver JJ ...
Vavilov concerns the proper interpretation of a provision of the Citizenship Act as applied to Alexander Vavilov. Vavilov was born in Toronto in 1994 to Donald Heathfield (born Andrey Bezrukov) and Tracey Foley (born Elena Stanislavovna Vavilova), who were foreign nationals residing in Canada working for the Russian Foreign Intelligence Service (SVR) under the auspices of the Illegals Program.
Canada (Director of Investigation and Research) v Southam Inc, [1997] 1 S.C.R. 748 is a leading decision of the Supreme Court of Canada on judicial review.In this case the Court first set out the standard of review of "reasonableness simpliciter", which directs the court to only review decisions that are "not supported by any reasons that can stand up to a somewhat probing examination".
On appeal, the Supreme Court of Canada reversed this decision. It held that procedural fairness required the decision-maker to consider the human rights of Baker's children. Children's human rights are outlined in the international Convention on the Rights of the Child. The Supreme Court said that decision-makers must be "reasonable".
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The Federal Courts Act, and the concurrent Federal Courts Rules govern any application for judicial review in the federal courts. The source of this power can be found in s. 28 of the Federal Courts Act, which provides that the Federal Court of Appeal is the appropriate venue for judicial review of decisions by federal boards and tribunals. In ...
In Canada (Attorney General) v. Federation of Law Societies of Canada, 2015 SCC 7, it was held as a principle of fundamental justice that the state cannot impose obligations on lawyers that undermine their duty of commitment to clients. The case arose in the content of federal money laundering legislation which required lawyers to retain ...