LAWS 3506 Lecture Notes - Lecture 10: Canadian Human Rights Commission, Marshall Rothstein, Concurrent Jurisdiction
27 Nov 2016
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Mclean v. british columbia (securities commission), 2014 scc 67. In post-dunsmuir jurisprudence, the scc seems to take the approach of implying the reasons of a decision-maker for issues not dealt with expressly in the decision. Mclean involved the review of a decision by the bc securities commission, based on its interpretation of language in its home statute. The presumption of reasonableness review is not rebutted. The appellant contends that the presumption of reasonableness review has been rebutted. Here, the legal question is the interpretation of s. 159 as it applies to s. 161(6)(d) and it is solely the. Commission that is tasked with considering that matter in the first instance. Accordingly, there is no possibility of conflicting interpretations with respect to the question actually at issue. The logic of rogers is thus inapplicable. (24) The question does not fall into an exceptional category.
