What is the legal test for determining which standard to apply?
Canada (Federal), Canada
The following excerpt is from Democracy Watch v. Campbell, 2008 FC 214 (CanLII):
The pragmatic and functional approach to determining which standard to apply considers four factors: (1) a privative clause, right of appeal or silence in the governing statute; (2) the relative expertise of the tribunal; (3) purpose of the legislation; and, (4) nature of the question: Law Society of New Brunswick v. Ryan, 2003 SCC 20, [2003] 1 S.C.R. 247 [Ryan].
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