What is the legal test for supervising a statutory decision?
Nova Scotia, Canada
The following excerpt is from Coates v. Sharp, 2012 NSSC 311 (CanLII):
The answer is that the courts have long been willing to supervise the quality of statute-based decisions to see that the rule of law prevails. The supervisory jurisdiction has constitutional protection: Crevier v. Québec (Attorney General), 1981 CanLII 30 (SCC), [1981] 2 S.C.R. 220. Therefore, the supervisory jurisdiction can withstand a privative clause. But, that does not mean that the court can take over the statutory decision-making.
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