What is the test for a judicial review of a statutory decision?
British Columbia, Canada
The following excerpt is from Gamlaxyeltxw v British Columbia (Minister of Forests, Lands & Natural Resource Operations), 2018 BCSC 440 (CanLII):
The parties agree that if the issue of duty to consult arises within a petition for judicial review, the record before the court will be broader than typical when statutory decisions are reviewed: Chartrand v. British Columbia (Forests, Lands and Natural Resource Operations), 2015 BCCA 345. Thus, the fact that documents were not before the Minister, or considered by the Minister, in making the impugned decisions will not automatically render them inadmissible.
"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.
Other Questions
Does a judicial review decision by a chambers judge who failed to take the necessary steps to review a decision by the chambers judge? (British Columbia, Canada)
What are the standards of review applicable to a judicial review of a decision made under the Rules of Review Act? (British Columbia, Canada)
Can a member of a judicial or quasi-judicial tribunal be held absolute immunity from action for comments made in a decision made pursuant to a statutory duty imposed on the tribunal? (British Columbia, Canada)
How have the authorities relating to judicial review of a decision to confirm or revoke a decision by the Superintendent of Motor Vehicles under s. 215.41? (British Columbia, Canada)
What is the standard of review for a judicial review of a decision of an adjudicator confirming a roadside driving prohibition? (British Columbia, Canada)
What is the role of the Court of Appeal in reviewing a decision made by a statutory decision maker? (British Columbia, Canada)
What is the standard of review for an application for judicial review of a statutory tribunal? (British Columbia, Canada)
Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable? (British Columbia, Canada)
What is the judicial review approach used by a court engaged in judicial review? (British Columbia, Canada)
What is the standard of review on a judicial review of a decision of the Superintendent to uphold an IRP? (British Columbia, Canada)
