What is the standard of review established in Canada v Vavilov?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The standard of review established in Canada v. Vavilov introduced a presumption of reasonableness as the appropriate standard for reviewing administrative decisions. This landmark Supreme Court decision clarified the approach courts should take when assessing the decisions made by administrative bodies. Under this presumption, when a decision is made by a tribunal exercising its specialized expertise, the decision will generally be upheld as long as it is reasonable.

This reflects a shift from previous cases where the standard of correctness was often applied, especially in cases involving questions of law or where there were conflicting legislative interpretations. By establishing the presumption of reasonableness, the Court emphasized the importance of respecting the expertise of administrative bodies, fostering a more deferential relationship between the judiciary and administrative decision-makers.

The other options do not accurately capture the essence of the Vavilov decision. The concept of absolute reasonableness or a presumption of irrationality is not aligned with the framework set by the Court. Instead, Vavilov's ruling promotes a balanced approach that acknowledges the role of administrative agencies in applying their specialized knowledge and expertise within their legislative mandates.

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