The nature of the "policy/operational" distinction was explained further by the court in Brown v. The Queen in Right of British Columbia (1994), 1994 CanLII 121 (SCC), 89 B.C.L.R. (2d) 1 (S.C.C.) at p. 14: True policy decisions involve social, political and economical factors. In such decisions, the authority attempts to strike a balance between efficiency and thrift, in the context of planning and predetermining the boundaries of its undertakings and of their actual performance. True policy decisions will usually be dictated by financial, economic, social and political factors or constraints. The operational area is concerned with the practical implementation of the formulated policies, it mainly covers the performance or carrying out of a policy. Operational decisions will usually be made on the basis of administrative direction, expert or professional opinion, technical standards or general standards of reasonableness. .... I should not leave this issue without addressing the two bases put forward by the appellant for the interpretation and application of Just., First, the appellant contended that policy decisions must be limited to so called threshold decisions, that is to say, broad initial decisions as to whether something will or will not be done. This would be contrary to the principles set out in Just referred to earlier. Therefore, this submission cannot be accepted. Policy decisions can be made by persons at all levels of authority. In determining whether an impugned decision is one of policy, it is the nature of the decision itself that must be scrutinized, rather than the position of the person who makes it. The appellant next alleges that the system itself was unreasonable. As I have already said, this decision was clearly one of policy. Such a policy decision cannot be reviewed on a private law standard of reasonableness. Since no allegation was made that the decision was not bona fide or was so irrational that it could not constitute a proper exercise of discretion, it cannot be attacked. Events of November 25, 1992
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.