Workshop A — Decision Writing 1.0: The Essentials of Writing Jurisdictionally Compliant Decisions

Oct 28, 2024 9:30 am – 12:30 pm

Patricia Pledge
General Counsel, Advisory and Legislative Initiatives
Justice Canada, Legislative Services Branch

  • Reviewing the "correctness" and "reasonable" standards, the constitutional divisions of power, and inherent jurisdiction (e.g., Vavilov)
  • Learning the principles of statutory interpretation
  • Special considerations for decisions made by regulatory bodies (i.e., the Auer and TransAlta cases, currently on reserve at the Supreme Court)
  • Establishing "responsive reasonableness" (e.g., Mason) in your reasons
  • Considering international law, where applicable (e.g., Mason)
  • Incorporating the concept of "proportionality" for decisions that engage Charter rights or values (e.g., Northwest Territories)
  • Understanding rights of appeal (e.g. Yatar) and legislative intent with respect to limiting rights of appeal