2018

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The Supreme Court and Questions of Law in Immigration and Refugee Law Decision-making (Gerald Heckman)

Gerald Heckman is an Associate Professor at the University of Manitoba Faculty of Law (with thanks to Amar Khoday for discussion) What standard of review should apply to questions of law that arise in decision-making under the Immigration and Refugee Protection Act[1]? In the decade following Dunsmuir v New Brunswick,[2] the Supreme Court decided six […] Read more

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Correctness Review (Lauren J. Wihak)

Lauren J. Wihak (@lauren_wihak) is an Associate at McDougall Gauley LLP in Regina Dunsmuir v. New Brunswick (“Dunsmuir”) was intended to simplify and clarify the question of the standard of review used to review administrative action, making this issue more predictable to litigants.  I have been invited to comment on Dunsmuir and correctness review or, […] Read more