What standard of review is applied to the findings of fact and sanction under the RCMP Act?
Canada (Federal), Canada
The following excerpt is from Gill v. Canada (Attorney General), 2006 FC 1106 (CanLII):
The respondent submitted that the standard of review to be applied to the Commissioner’s findings of fact and sanction is patent unreasonableness (see Gordon v. Canada (Solicitor General), 2003 FC 1250 at paragraphs 19 and 23). It was submitted that the question of whether notice was sufficient to meet the requirements of subsection 43(6) of the RCMP Act is a question of mixed fact and law reviewable on a standard of reasonableness simpliciter.
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