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The framework for judicial review was revised in Canada (Minister of Citizenship and Immigration) v Vavilov, [18] which "conclusively closes the door on the application of a contextual analysis to determining the applicable standard, and in doing so streamlines and simplifies the standard.” [19]
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 issue was what standard of procedural fairness should be applied when considering the ...
In Canada, before a court assesses whether the decision of an administrative tribunal was lawful, it decides what standard of review to apply to that decision. To determine the standard of review, in essence, is to decide how much scrutiny the reviewing court will apply to the decision.
Pushpanathan v Canada (Minister of Citizenship and Immigration) is a leading decision of the Supreme Court of Canada on the standard of review in Canadian administrative law. The Court held that a decision of the Immigration and Refugee Board should be reviewed on the standard of "correctness."
Dunsmuir v New Brunswick, 2008 SCC 9, [2008] 1 SCR 190 was, prior to Canada (Minister of Citizenship and Immigration) v Vavilov, [1] the leading Supreme Court of Canada decision on the topic of substantive review and standards of review.
The prisoner must apply to the Chief Justice of the province where he or she was convicted, and the Chief Justice (or another designated judge) then reviews the application to determine whether there is a reasonable chance the prisoner could be successful in his or her application before a jury; if the applicant is likely to succeed, the court will empanel a jury to hear the application.
As the tribunal was created under an administrative law, the CRT has not endorsed or incorporated the Statement of Principles on Self-represented Litigants and Accused Persons established by the Canadian Judicial Council, while the Supreme Court of Canada endorsed the Principles in Pintea v. Johns, 2017 SCC 23 [2017] 1 SCR 470.
Judicial review is a process under which a government's executive, ... Judicial review in Canada and Australia pre-dates their establishment as countries, in 1867 and ...