Unreasonable Delay In Administrative Decisions And Modernizing The Law Of Mandamus

A writ of mandamus – “we command” in Latin – compels a public body to perform a public legal duty.

In Benison v. Canada (Royal Canadian Mounted Police External Review Committee),¹ the Federal Court of Appeal clarified how the criteria from Apotex Inc. v. Canada (Attorney General)² operate, especially in the context of unreasonable administrative delay. The Court clarified that (1) although the Apotex criteria are conjunctive, it found that the eight criteria do not serve the same purpose, and only the first four must be established by the applicant in every case (whereas the others must be addressed only if put in issue by the court or respondent); and (2) confirmed that “significant prejudice” is not needed to establish unreasonable delay for mandamus, resolving a split in the case law.