Can direct substitution be used as a judicial review power under the law of judicial review?
Canada (Federal), Canada
The following excerpt is from Canada (Citizenship and Immigration) v. Tennant, 2019 FCA 206 (CanLII), [2020] 1 FCR 231:
Indirect substitution is thus a recognized, albeit exceptional, power under the law of judicial review. But that law also recognizes a power even of direct substitution, in which the court itself grants the relief sought from the administrative decision-maker – again, in exceptional circumstances: see, for example, Renaud v. Quebec (Commission des affaires sociales), 1999 CanLII 642 (SCC), [1999] 3 S.C.R. 855 at para. 3, 184 D.L.R. (4th) 441; and Bessette v. British Columbia (Attorney General), 2019 SCC 31 at para. 94.
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