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ARTICLE · 06 DECEMBER 2024

Municipal Bylaws Reviewed On "Reasonableness" Standard, Not Correctness

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In two companion decisions released on November 8, 2024, the Supreme Court of Canada has clarified the standard of judicial review of subordinate legislation (e.g. municipal bylaws)...

CanadaLitigation, Mediation & Arbitration
Jason W. Reynar
Jason W. Reynar
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In two companion decisions released on November 8, 2024, the Supreme Court of Canada has clarified the standard of judicial review of subordinate legislation (e.g. municipal bylaws), impacting municipal leaders and policymakers across the country. The Court affirmed that the "reasonableness" standard from its earlier decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 ("Vavilov"), applies to the review of regulations and other delegated legislation.

In Auer v. Auer, 2024 SCC 36, and TransAlta Generation Partnership v. Alberta, 2024 SCC 37, Justice Suzanne Côté, writing for the majority in both decisions, reviewed federal child support guidelines and a property assessment guideline to determine whether they should be struck down. The Court found that they were valid.

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