Episode 1 | Vavilov: Impact on Legislative Drafting (1:18:04)

This program contains 1.25 CPD hour in all Canadian provinces.

This webinar was recorded on February 19, 2020


In Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, the Supreme Court of Canada developed a new framework for judicial review of administrative action, focusing on two issues: selecting the standard of review and applying the reasonableness standard. In this webinar, I analyze the implications of Vavilov for legislative drafting. Institutional design choice is central to Vavilov: where the legislature creates an appeal or legislates a standard of review, courts are required to respect the relevant legislative intent. This is directly relevant to the work of legislative drafters. Other issues raised by Vavilov are also relevant to this work, including the downgrading of administrative expertise and the guidance to courts and administrative decision-makers on statutory interpretation.