As the respondent submits, the rebuttal of the presumption of reasonableness review, which was crystallized in Vavilov, does not automatically engage a correctness standard of review as the presence of a statutory appeal mechanism signals that a reviewing court is to perform an appellate function and apply, in so doing, the standards of review described in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 23 (Housen). Those standards are the correctness standard for questions of law and the deferential standard of palpable and overriding error for questions of fact and of mixed fact and law where the legal principle is not readily extricable (Vavilov at para. 37).
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