What is the effect of the "pragmatic and functional methodology" used to determine the appropriate standard of review in an appeal?

61 While I agree with Arbour J.’s disposition of the appeal, I am of the view that the administrative law aspects of this case require further discussion. In my concurring reasons in Chamberlain v. Surrey School District No. 36, [2002] 4 S.C.R. 710, 2002 SCC 86 (CanLII), I raised concerns about the appropriateness of treating the pragmatic and functional methodology as an overarching analytical framework for substantive judicial review that must be applied, without variation, in all administrative law contexts, including those involving non-adjudicative decision makers. In certain circumstances, such as those at issue in Chamberlain itself, applying this methodological approach in order to determine the appropriate standard of review may in fact obscure the real issue before the reviewing court.