TRN305Y1 Lecture Notes - Lecture 3: Shell Canada, Schizophrenia, Halifax Regional School Board
28 Feb 2018
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Document Summary
The vast majority of what is done in judicial review applications is looking at why the decision is not reasonable. Dunsmuir v. new brunswick 2008 scc spoke about the standard of review. They said that the standard of review is often reasonableness. 2) what is reasonable: in re 1): we look at the answer and the reasons given for it. In order for a decision to be reasonable, the dm must reach a decision that falls within a range of possible acceptable outcomes which are defensible in respect of the facts and law. Thus, the conclusion itself must be within the range of possible accepted outcomes: in re 2: dunsmuir that review will often focus on the decision-making process and the reasons made therein. In judging that process, we look at justi cation, transparency, and intelligibility. Legal scholars talk about a culture of justi cation that is required to have a legitimate- seeming justice system.
