While trial judges wait to see whether appeal judges will “euthanize the issue” (Canada v. Canada, para. 41), we have to make some sense out of “true questions of jurisdiction”. I think that unless, as here, the decision-maker says “I do not have the power to make that inquiry.” we are beyond the purposes of deference and in a place where the rule of law and legislative supremacy demand correctness. Legislated decision-makers should not be able, by reasonable misinterpretation, to expand, or limit, their legislated powers. This, notwithstanding difficulty in definition, elusiveness of concept, imprecision, and other criticisms. A principle remains a principle even though it is difficult, elusive, and imprecise.
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