ADMJ 103 Lecture Notes - Lecture 22: Patently Unreasonable, Ouster Clause
Document Summary
Standard of review: the current test and the law of discretion (continued) S of r 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 not require s of r. Procedural fairness is always assessed on a correctness standard (with deference applied using tests like baker) S of r is a different test. 1) two standards from 1979 to 1997: correctness and patent unreasonableness. 2) three standards of review from 1997 until dunsmuir: correctness, reasonableness simpliciter, and patent unreasonableness; 3) two standards from dunsmuir and beyond: correctness and reasonableness . Dunsmuir (2008) scc is credited with the establishment of a single deferential standard. Replaced the standards of reasonableness simpliciter and patent unreasonableness with a single deferential standard. Instead, they may give rise to a number of possible, reasonable conclusions.
