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Developments in Administrative Law: The 2008-2009 Term Contemplating Legislative (Im)Precision

Resource type
Author/contributor
Title
Developments in Administrative Law: The 2008-2009 Term Contemplating Legislative (Im)Precision
Abstract
This article examines two key administrative law decisions of the 2008-2009 Supreme Court of Canada term. Canada (Citizenship and Immigration) v. Khosa 2009 SCC 12 [Khosa] and Canada (Privacy Commissioner) v. Blood Tribe Department of Health 2008 SCC 44 [Blood Tribe]. Following on the footsteps of Dunsmuir, the landmark decision of 2008 that eliminated the patent unreasonableness standard, members of the Supreme Court of Canada in Khosa debated the proper interpretation of judicial review legislation. Specifically, the central issue in Khosa was whether subsection 18.1 (4)(d) of the Federal Courts Act provides a legislated standard of review that is equivalent to patent unreasonableness. While on one level, the debate of the Court focused on how to recognize and interpret legislated standards of review, its underlying theoretical premise engaged fundamental questions about deference, expertise, rule of law and how judicial review of administrative action may be appropriately placed within the broader spectrum of curial oversight.
Genre
SSRN Scholarly Paper
Archive ID
1545276
Place
Rochester, NY
Date
2009-12-01
Accessed
9/29/23, 7:52 PM
Short Title
Developments in Administrative Law
Language
en
Library Catalog
Social Science Research Network
Citation
Jacobs, L. (2009). Developments in Administrative Law: The 2008-2009 Term Contemplating Legislative (Im)Precision (SSRN Scholarly Paper 1545276). https://papers.ssrn.com/abstract=1545276
Author / Editor