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Additionally, in some areas of substantive law, such as when a court is reviewing a First Amendment issue, an appellate court will use a standard of review called "independent review." [citation needed] The standard is somewhere in between de novo review and clearly erroneous review. Under independent review, an appellate court will reexamine ...
Bastarache noted that even though the lower courts did not address it, the standard of review must be established before considering the other issues. [1] He reviewed the "pragmatic and functional approach" from Union des Employes de Service, Local 298 v Bibeault [2] and the three available standards of review. In a key passage, the judgement ...
The Court, in holding for Vavilov, established a new framework for determining the standard of review in Canadian administrative law. Firstly, the court decided that reasonableness was the default standard of review. It then outlined two kinds of exceptions to that general rule, under which the correctness standard would apply instead.
Unlike the immigration judges in the Office of the Chief Immigration Judge, who hear the merits of the immigration claims of litigants, the administrative law judges of the Chief Administrative Hearing Officer handle matters related to the employment of non-citizens unlawfully residing in the United States; other unfair employment practices ...
The Court began by canvassing the recent history of administrative law decisions on the standard of review, including Canadian Union of Public Employees, Local 963 v New Brunswick Liquor Corp, Crevier v Quebec (AG), Canada (Director of Investigation and Research) v Southam Inc and Pushpanathan v Canada (Minister of Citizenship and Immigration ...
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 ...
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Department of Homeland Security v. Thuraissigiam, 591 U.S. ___ (2020), was a United States Supreme Court case involving whether the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which limits habeas corpus judicial review of the decisions of immigration officers, violates the Suspension Clause of Article One of the U.S. Constitution.