“Plus ça change”…: The Record on Judicial Review
Although judicial review in Canada has undergone a significant shift in the past decade, the rules governing evidence admissible on judicial review have not been changed in any meaningful way since the 19th century. Those rules, generally speaking, still limit the admissibility of so-called “extrinsic” evidence to situations involving alleged ‘‘jurisdictional errors” or a breach of the duty of fairness.