Standard of Review

Vavilov (2019) restated the framework for Canadian standard-of-review analysis. Reasonableness is the presumptive standard for review of administrative decisions. Correctness applies in five categories: legislative direction, statutory rights of appeal, constitutional questions, general questions of law of central importance, and jurisdictional boundaries between bodies.

Baker (1999) governs procedural fairness — the five Baker factors set the content of fairness. Roncarelli (1959) anchors all of administrative law in the rule of law: there is no such thing as absolute discretion.