NCA Administrative Law

Question 1

Which Supreme Court of Canada decision replaced the Dunsmuir framework and established the current standard of review analysis for administrative decisions?

Accepted Answer

Canada (Minister of Citizenship and Immigration) v. Vavilov [2019]

Answer

Dunsmuir v. New Brunswick [2008]

Answer

Pushpanathan v. Canada [1998]

Answer

Dr. Q v. College of Physicians and Surgeons of BC [2003]

Question 2

Under the Vavilov framework, when will a court apply the correctness standard of review?

Accepted Answer

For constitutional questions, questions of central importance to the legal system, and jurisdictional questions between administrative bodies

Answer

Whenever the administrative decision-maker makes a legal error

Answer

Whenever the court disagrees with the outcome

Answer

Only for questions of procedural fairness

Question 3

The duty of procedural fairness in Canadian administrative law is grounded in which principle?

Accepted Answer

That persons affected by government decisions have a right to be heard and to have decisions made by an unbiased decision-maker

Answer

The principle that all government decisions must be made by elected officials

Answer

That administrative tribunals must follow the same procedures as superior courts

Answer

The principle that any decision affecting rights must be subject to a full trial

Question 4

What test does the SCC apply to determine whether a reasonable apprehension of bias exists against an administrative decision-maker?

Accepted Answer

Whether an informed person, viewing the matter realistically and practically, would think it more likely than not that the decision-maker would not decide fairly

Answer

Whether the decision-maker has a personal financial interest in the outcome

Answer

Whether the decision-maker has previously ruled against the applicant

Answer

Whether the decision-maker expressed any opinion before the hearing

Question 5

Judicial review of administrative decisions is typically sought in which court in most Canadian provinces?

Accepted Answer

The Divisional Court or the Court of Queen's Bench (or equivalent superior court)

Answer

The provincial small claims court

Answer

The Federal Court, which has exclusive jurisdiction over all administrative matters

Answer

The provincial Court of Appeal directly

Question 6

A labour arbitrator interprets a collective agreement in a way that a party argues is unreasonable. On judicial review, which standard applies under Vavilov?

Accepted Answer

Reasonableness, because the arbitrator has expertise in labour relations and the legislature conferred interpretive authority

Answer

Correctness, because contract interpretation is a legal question

Answer

Patent unreasonableness, which is still available for labour arbitrators

Answer

Correctness, because collective agreements affect Charter rights