2013 SKCA 79
From Blogger
What is the Record for Judicial Review in Canada?
An American visitor to Montreal recently asked me “What is the ‘record’ for judicial review in Canada?” I chuckled, said “It depends” and directed her to paragraph 48 of Dunsmuir. In Saskatchewan (Energy and Resources) v Areva Resources Canada Inc, 2013 SKCA 79 (which I have already blogged about here), the Ministry did not offer […] Read more
From Blogger
The Thin Line between Law and Discretion
A recurring issue in the law of judicial review is the distinction between law and discretion. Where this matters the most is in substantive review: should a similar standard of reasonableness be applied to questions of law and exercises of discretion? The Supreme Court of Canada has been sceptical of attempts to distinguish between the […] Read more