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From Blogger
Reasons and Reasonableness in Administrative Law
In describing the deferential standard of review of reasonableness in Dunsmuir v. New Brunswick, the Supreme Court of Canada was very eloquent. Where a standard of review of correctness is appropriate, the reviewing court substitutes its judgment for that of the initial decision-maker. But where deference is owed, A court conducting a review for reasonableness […] Read more
From Blogger
Why Give Reasons for Decisions?
From the Nova Scotia Court of Appeal comes a useful overview of the requirement to give reasons: [17] In a series of cases, the Supreme Court of Canada has recognized the importance of reasons in various settings: e.g., Baker v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 699 (SCC), [1999] 2 S.C.R. […] Read more