Can a reviewing court interpret the legislative provisions in the same way as an administrator?
Canada (Federal), Canada
The following excerpt is from Canada (Citizenship and Immigration) v. Mason, 2021 FCA 156 (CanLII):
This creates a danger: a reviewing court, thinking it is doing the same thing as an administrator, might be tempted to interpret legislative provisions itself and then apply its interpretation to see if the administrator has gotten it right. But that would not be reasonableness review. That would be nothing more than the reviewing court fashioning its own yardstick and then using it to measure what the administrator did: Delios v. Canada (Attorney General), 2015 FCA 117, 472 N.R. 171 at para. 28. That would be correctness review.
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