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

Canada (MCI) v. Vavilov [2019] overhauled the standard of review framework. The presumptive standard is now reasonableness for most administrative decisions, with correctness reserved for constitutional questions, questions of central importance to the legal system, and jurisdictional questions between tribunals.

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

Vavilov identified categories where correctness applies: (1) constitutional questions; (2) questions of law of central importance to the legal system and outside the decision-maker's expertise; (3) jurisdictional questions between administrative bodies; (4) where a legislature indicates correctness through an appeal mechanism on questions of law.

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 duty of procedural fairness (audi alteram partem and nemo judex in sua causa) requires that affected persons receive notice, an opportunity to be heard, and an impartial decision-maker. The content of fairness varies with context per Baker v. Canada [1999].

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

The reasonable apprehension of bias test (from R v. S (RD) [1997] and Committee for Justice and Liberty v. National Energy Board [1978]) asks whether an informed, reasonable observer would conclude there is a real possibility the decision-maker was biased. It is an objective test.

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

Judicial review of provincial administrative tribunal decisions is sought in the provincial superior court (e.g., Divisional Court in Ontario, Court of King's Bench in Alberta). Federal administrative decisions are reviewed in the Federal Court under the Federal Courts Act.

NCA Exam Practice Test

NCA Exam Practice Test

NCA Administrative Law