What is the applicable standard for reviewing a government's decision on whether it had a duty to consult?
British Columbia, Canada
The following excerpt is from Adams Lake Indian Band v. British Columbia (Ministry of Forests, Lands and Natural Resource Operations), 2013 BCSC 877 (CanLII):
The petitioner argues that both the duty to consult and adequacy of consultation are reviewable on a correctness standard, citing Beckman v. Little Salmon/Carmacks First Nation, 2010 SCC 53 at para. 48, [2010] 3 S.C.R. 103. I agree that the applicable standard is correctness in reviewing the government’s decision on whether it had a duty to consult, but I conclude that the standard of review of decisions going to the adequacy of consultation is reasonableness.
"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
What are the standards of review applicable to a judicial review of a decision made under the Rules of Review Act? (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 applicable standard of review for the purpose of determining whether a decision was reasonable? (British Columbia, Canada)
What is the standard of review applied by an appellate court reviewing a decision of a trial judge concerning matters of custody and access? (British Columbia, Canada)
What is the appropriate standard of review for an application for judicial review of patent unreasonableness? (British Columbia, Canada)
What is the standard of review applicable to discretionary decisions in family law cases? (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 applicable standard of review of a decision of the Adjudicator? (British Columbia, Canada)
In what circumstances will the BCSC review the applicable standard of review apply to a point of law arising in interlocutory proceedings? (British Columbia, Canada)
What is the standard of review analysis on a judicial review application? (British Columbia, Canada)
