Has the Katz Cradle Fallen? Examining the Evolving Standard of Review for Regulations in Administrative Decisions

October 24, 2023 1:15pm

Sunil S. Mathai
Crown Counsel, Crown Law Office – Criminal
Ministry of the Attorney General

Ian Demers
General Counsel
Justice Canada

  • Exploring recent case law that affects what the appropriate standard of review is for regulations
    • Auer v Auer
    • TransAlta Generation Partnership v Alberta (Minister of Municipal Affairs)
    • Portnov v Canada
    • Canadian Council for Refugees v Canada (Citizenship and Immigration)
  • Identifying whether the court should apply a reasonable standard or a hyper-differential standard
    • What is the reasonableness standard?
    • What is the hyper-differential standard?
  • Analyzing the constitutionality of the shift in the scope of judicial review of regulations amongst administrative decision making
  • Understanding how this shift will impact the standard of review for regulations and ultimately how administrative decisions on regulations will be made going forward
  • Is Katz still good law or has it been overwritten by Vavilov?