LAWS 3506 Lecture Notes - Lecture 7: Patently Unreasonable, Ouster Clause, Canadian Union Of Public Employees
27 Nov 2016
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Judicial review is the means by which the courts supervise those who exercise statutory powers, to ensure that they do not overstep their legal authority. The function of judicial review is therefore to ensure the legality, the reasonableness and the fairness of the admin process and its outcomes. The appropriate level of deference determines the standard to be used for the review. A lot of deference means a court should only interfere if the decision was patently unreasonable. Minimum deference means a court should interfere if the decision was incorrect. A court hearing an application for judicial review cannot simply reverse or set aside a decision because the court might come to a different outcome. Decision-makers are entitled to a level of deference (a lot or little) Scc said there are three standards of review tanging from the highly deferential to the least deferential. The three levels of deference or standards of review are: (p. 7/70)
