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Lamer CJ and Major J took no part in the consideration or decision of the case. Baker v Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817 is a leading Canadian administrative law decision of the Supreme Court of Canada. The Court provided guidance on the standard of judicial review of administrative decisions.
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 ...
Singh v Canada (Minister of Employment and Immigration), [1985] 1 S.C.R. 177 is a 1985 case of the Supreme Court of Canada. It determined that refugee claimants had a constitutional right to an oral hearing, by the principles of fundamental justice. The judgment was an early decision under the Canadian Charter of Rights and Freedoms and was ...
It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." [ 2 ] Under the "substantial evidence" standard, appellate review extends to whether there is any relevant evidence in the record which reasonably supports every material fact (that is, material in the sense of establishing an essential ...
Rosalie Abella, Andromache Karakatsanis. Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65, is a landmark decision of the Supreme Court of Canada that clarified the determination and application of standard of review in Canadian administrative law. Vavilov applies “a presumption that reasonableness is the applicable ...
e. Canadian immigration and refugee law concerns the area of law related to the admission of foreign nationals into Canada, their rights and responsibilities once admitted, and the conditions of their removal. The primary law on these matters is in the Immigration and Refugee Protection Act, whose goals include economic growth, family ...
In Canadian administrative law, judicial review is for courts to ensure "administrative decision-makers" stay within the boundaries of the law. [1] It is meant to ensure that powers granted to government actors, administrative agencies, boards and tribunals are exercised consistently with the rule of law. Judicial review is intended as a last ...
R v W (D) Cory J., joined by Gonthier and Iacobucci JJ. R v W (D), [1991] 1 S.C.R. 742 is a leading decision of the Supreme Court of Canada on assessing guilt based on the credibility of witnesses in a criminal trial. More specifically, W.D. examines sexual assault cases and burdens of proof in evidence law.