What is the scope of a Minister's Delegate's discretion to make a decision on whether to grant authorizations to use the Emergency Preparedness Manual?
Canada (Federal), Canada
The following excerpt is from Pham v. Canada (Public Safety and Emergency Preparedness), 2016 FC 824 (CanLII):
In this case, the applicant is mainly relying on Faci v. Canada (Public Safety and Emergency Preparedness), 2011 FC 693 [Faci] to argue that the Minister's delegate erred in not taking into consideration all of the factors set out in the Manual. However, although there was a discrepancy regarding the scope of the Minister's delegate's discretion, the decision relied on by the applicant to argue that the Minister erred by not considering all of the factors set out in the Manual specifically stated the opposite of what the applicant maintains:
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