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