Modern Approach to Judicial Review of the Executive Branch - Canadian Law Exam Prep - Admin Law

For Foundations of Law NCA Exam Prep and more.
This video combines a summary of Glover Berger, Kate. "The Missing Constitutionalism of Canada v Vavilov." Journal of Law and Social Policy 34. (2021): 68-93.
https://digitalcommons.osgoode.yorku....
with a case brief of Toronto (City) v Ontario (2021), analyzed in the perspective of the former.

Sample text:
The Missing Constitutionalism of Canada v Vavilov

Facts: Mr. Vavilov was born in Canada in 1994 to parents who, at the time and for many subsequent years, were believed to be Canadian citizens. As a Canadian-born child of Canadian parents, Mr. Vavilov was legally entitled to Canadian citizenship.38 In 2010, it was discovered that Mr. Vavilov’s parents had been living in Canada and then in the United States under false identities and had been, for Mr. Vavilov’s whole life, operating as undercover agents for Russia. After his parents pled guilty to charges of espionage and were returned to Russia, Mr. Vavilov applied to renew his Canadian passport; his application was denied. He was told that, in addition to his Canadian birth certificate, he needed a certificate of citizenship in order to renew his passport. He applied for and received this certificate in 2013; the following year, it was cancelled.

Holding: the Supreme Court unanimously agreed that the Registrar’s interpretation of the Citizenship Act was unreasonable and thus, the decision to cancel Mr. Vavilov’s certificate of citizenship could not stand.

“a presumptive standard of reasonableness applied across all applications of judicial review”

“courts should no longer speculate as to the legislature’s specific rationale for establishing a particular administrative scheme or presume that an administrative actor’s expertise justifies deference. Rather, the legislature’s ultimate institutional design choice to delegate a power to an administrative body cuts across all other possible rationales on which the legislature may have been relying, whether expertise, efficiency, flexibility, accessibility, and so on”

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These study guides on Canadian Law, for Law and NCA exams, are comprised of my personal study guides containing (generally) public domain case law notes, summaries or excerpts of Canadian legal articles, with some added points and explanations per my own interpretation as a graduated law student. Hope it helps you, but ultimately, I am making these for myself and merely sharing!

** I am NOT responsible for your outcome on your NCA or Law School Exam :) **

** I hold a Juris Doctorate from the US and am in the process of transferring. I've passed the NCA and received my certificate of qualification. I am currently an applicant to the Law Society of BC, waiting upon their approval to start my Articles. I am not a lawyer or articling student as of April 29, 2023**

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