ADMJ 103 Lecture Notes - Lecture 21: Postmedia Network, Privative, Determinative
Document Summary
Standard of review errors of law, fact or discretion. The fact that an error of law, fact or discretion exists is not enough. These errors are all subject to the s of r. Procedural fairness does require s of r. Procedural fairness is always assessed on a correctness basis (with deference applied using tests like baker) Standard of review is a different test. Two standards from 1979 to 1997 correctness and patent unreasonableness. Three standards of review from 1997 until dunsmuir: correctness, Two standards from dunsmuir and beyond: correctness and reasonableness reasonablemss, simpliciter, and patent unreasonableness. History of privative clauses pre 1979. Provisions intended to limit the scope of judicial review of tribunals. Historically used to limit the scope of the court"s judicial review of tribunals. The shift occurs the scc begins to adopt an approach that is more respectful of the comparative strengths of tribunals and other non-judicial actors and of legislative intentions regarding their expanding role.
