ADMJ 103 Lecture Notes - Lecture 24: Catalyst Paper, Khosa, Alliance Pipeline
Document Summary
Abuse of discretion as a ground of judicial review: They are rare in standard of review and are more prevalent in procedural fairness order to achieve some purpose not contemplated by its grant. The agency to which discretionary power has been given has exercised it in. Or, in exercising its discretion, the agency has taken into consideration some factor that is irrelevant to achieving the ends for which the power was granted. Or, conversely, the agency neglected to take into consideration some factor that was relevant. Baker (1999) scc pragmatic and functional approach exercise of discretion was unreasonable. Recent cases on discretion where constitutional issues arise in the context of standard of review. Dore v barreau du quebec (2012) scc important case. The court found that a more flexible approach is required to applying. Charter values to administrative law decisions affecting a single individual. A full oakes s. 1 analysis is not necessary.
