Showing posts with label Newton v Criminal Trial Lawyers’ Assn. Show all posts
Showing posts with label Newton v Criminal Trial Lawyers’ Assn. Show all posts

Friday, 3 January 2014

Internal Standard of Review: A Promising B.C. Decision

I have posted before about the standard of review where an administrative decision-maker reviews another decision-maker: see especially here and also here and here. There are two important matters, in my view. First, the appellate administrative decision-maker is not limited to a choice between a full de novo hearing and a judicial-review type proceeding: there is rather a spectrum of options created by the interaction between the wording of the legislation and the substantive characteristics of the respective decision-makers. Second, a reviewing court should defer to the appellate administrative decision-maker on its choice.