What is the reasonableness standard for a Minister to make a decision in respect of Charter rights?

British Columbia, Canada

The following excerpt is from Grenada v. Canada (Minister of Justice), 2021 BCCA 275 (CanLII):

The reasonableness standard applies to decisions of Ministers with respect to Charter rights, and deference is owed to the decisions of Ministers who are required to balance competing considerations: Lake v. Canada (Minister of Justice), 2008 SCC 23 at para. 34.

Section 44 of the Act requires the Minister of Justice to refuse surrender if it would be unjust or oppressive in all of the circumstances. The test to determine whether the surrender would be unjust or oppressive is whether it would shock the Canadian conscience, and the same test is applied in determining whether the surrender would be contrary to the principles of fundamental justice under s. 7 of the Charter: Scarpitti v. United States of America, 2007 BCCA 498 at para. 63.

Other Questions

What is the reasonableness standard for a review of a Minister’s decision? (British Columbia, Canada)
What is the significance of the relative standard of living of the parties post post post-war compared to the standard living standard in their respective countries? (British Columbia, Canada)
What is the reasonableness standard for a review of a Minister's decision? (British Columbia, Canada)
Does s. 215.5(7) of the BCSC prohibit the Superintendent of Motor Vehicles from extending the decision date of a decision until after the date of the decision has been determined? (British Columbia, Canada)
What are the respective rights of the parties when an easement holder asserts a right to fence lands owned by a servient property? (British Columbia, Canada)
What is the test for determining whether a Minister made an unreasonable or unjust decision in making a decision not to seek assurances that the likely penalty would not make the surrender unjust or oppressive? (British Columbia, Canada)
What standard of review is to be applied to a decision respecting the passage of a bylaws? (British Columbia, Canada)
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (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)
Can a decision made by a municipality be reviewed by the standard of reasonableness? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.






Alexi purple


Company

  • About
  • Contact us
  • Press
  • Matters
  • Legal

    • Product

  • Our platform
  • Pricing
  • Solo practitioners
  • Small firms
  • Mid-sized firms

    • Resources

  • Resource hub
  • Sample memos
  • Blog
  • FAQ


    • © Copyright 2024 Alexi Inc. All rights reserved.