LAWS 2502 Lecture Notes - Lecture 5: James Dunsmuir, Patently Unreasonable, Ouster Clause
8 Apr 2015
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Document Summary
Pragmatic and functional approach (a) focus on context : level of discretion given by statute to the administrative body, nature of its decision, etc. Its expertise (b) standards of review (spectrum of intensity of judicial deference) Intensive review for incorrectness (minimal judicial deference: middle standard for (un)reasonableness, mild/restrained review for patent unreasonableness (most judicial deference) supposedly (as the court claims) When the courts adopted the three-part approach of: Cupe, local 963 v new brunswick liquor corp, (1979) 2 scr 227: developed a modern approach that gave private clauses some weight (not full weight) It still reserved for the courts highly discretionary powers: this decision helped develop the patently reasonable standard which led to a 3 standard approach (noted above) which replaced the older (classical) grounds of judicial review. Facts: david dunsmuir began work on 25 february 2002 as legal advisor at the.
