Who Decides Here? Deference on Ministerial Interpretations of Law (Again)

I was rather optimistic in thinking that the question of deference to ministerial interpretations of law had been settled by the Supreme Court of Canada in Agraira (see my post here).

Two stern responses arrived last week from the Federal Court of Appeal, the body which deals more than any other with judicial review of ministerial decision-making. Most notably, Canada (Citizenship and Immigration) v. Kandola, 2014 FCA 8, but also Canada (Citoyenneté et Immigration) c. Dufour, 2014 CAF 81.