However broad the discretion a decision-maker may have in determining the amount of a penalty, that discretion can be no wider than that given to a Minister of the Crown in administrative matters. An administrative discretionary policy decision is not subject to judicial review unless it was made in bad faith, does not conform with the principles of natural justice or relies upon considerations that are irrelevant or extraneous (Maple Lodge Farms Limited v. Canada, 1982 CanLII 24 (SCC), [1982] 2 S.C.R. 2, 137 D.L.R. (3d) 558). Under the modern pragmatic and functional approach to judicial review, this usually translates into patent unreasonableness (C.U.P.E. v. Ontario (Minister of Labour), 2003 SCC 29, [2003] 1 S.C.R. 539).
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