The last weeks of 2019 presented a new trilogy from the Supreme
Court of Canada, which clarified the law on standard of review and
provided guidance on the application of the reasonableness
standard. The primary case is Canada (Minister of Citizenship
and Immigration) v. Vavilov, 2019 SCC 65, which has a fact
pattern straight from the popular television series The Americans.
It is followed by Bell v. Canada, 2019 SCC 66 and
Canada Post Corp. v. Canada Union of Postal Workers, 2019
SCC 67.
In Vavilov, a seven-member majority of the Supreme
Court attempts to clear up complexities and uncertainty brought on
by Dunsmuir. In particular, it holds that
"Dunsmuir's promise of simplicity and
predictability has not been fully realized".1
Vavilov attempts to shed light on the true meaning of
"reasonableness", sets out what is required from the
decision-maker, and how the reviewing Courts should be applying the
standard of review.
