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Supreme Court of Canada holds that the Vavilov framework applies to the review of subordinate legislation

By Brandon Barnes Trickett, Laurie Livingstone, Mélanie Power, and Tom Nichini
November 20, 2024
  • Human Rights
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On November 8, 2024, the Supreme Court of Canada (SCC) confirmed in two companion decisions, Auer v Auer (Auer) and TransAlta Generation Partnership v Alberta (TransAlta),[1] that the robust reasonableness standard set out in Canada (Minister of Citizenship and Immigration) v Vavilov (Vavilov) is the presumptive standard for reviewing the vires of subordinate legislation, such as regulations.

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Brandon Barnes Trickett

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Laurie Livingstone

Laurie Livingstone

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Mélanie Power

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Tom Nichini

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