When applying the correctness standard in respect of jurisdictional and some other questions of law, can a court substitute its own view?
Canada (Federal), Canada
The following excerpt is from Canada (Citizenship and Immigration) v. Hazimeh, 2009 FC 380 (CanLII):
The Court in Dunsmuir v. New Brunswick [2008] SCC 9 held that when applying the correctness standard in respect of jurisdictional and some other questions of law, a reviewing court should not show deference to the decision maker’s reasoning process; it should rather undertake its own analysis of the question and decide whether it agrees with the determination of the decision maker; if not, the court should substitute its own view and provide the correct answer.
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