What is the presumption that the issue for review falls under one of the exceptions of division of powers?
Newfoundland and Labrador, Canada
The following excerpt is from Vey v. Newfoundland and Labrador (Pharmacy Board), 2019 NLSC 111 (CanLII):
The presumption is rebuttable if it can be established that the issue for review falls under one of the several exceptions identified in Dunsmuir v. New Brunswick, 2008 SCC 9. The exceptions are as follows: 1. Division of powers; 2. Issues of central importance to the legal system as a whole and outside the adjudicator’s specialized area of expertise; 3. True questions of jurisdiction or vires; 4. Issues regarding the jurisdictional lines between two or more competing specialized tribunals; 5. Where there is a clear, demonstrable legislative intent that the correctness standard should apply.
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