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ARTICLE · 27 DECEMBER 2019

Supreme Court Majority Alters Framework For Judicial Reviews And Statutory Appeals

Osler, Hoskin & Harcourt LLP
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On December 19, 2019, the Supreme Court of Canada issued its much-anticipated decisions in Canada (Minister of Citizenship and Immigration) v. Vavilov...

CanadaGovernment, Public Sector
Maureen Killoran
Maureen Killoran
Tommy Gelbman
Tommy Gelbman
W. David Rankin
W. David Rankin
Sean Sutherland
Sean Sutherland
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On December 19, 2019, the Supreme Court of Canada issued its much-anticipated decisions in Canada (Minister of Citizenship and Immigration) v. Vavilov [PDF] and Bell Canada v. Canada (Attorney General) [PDF] and National Football League v. Canada [PDF] (together, the Administrative Law Trilogy). The Administrative Law Trilogy is of tremendous significance to all participants in the administrative state, including regulated companies operating within Canada, as it redefines the nature and scope of judicial review of administrative action.

The Majority’s reasons fundamentally alter the standard of review analysis that is applied to judicial reviews and statutory appeals from administrative bodies. First, the reasonableness standard now applies to all reviews of the merits of administrative decisions, except where a clear indication of legislative intent or the rule of law demands a correctness review. Second, the Majority clarified the application of the reasonableness

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