What is the standard of review in the context of a claim against the Minister of Fisheries and Oceans?
British Columbia, Canada
The following excerpt is from Fort Nelson First Nation v. British Columbia (Environmental Assessment Office), 2015 BCSC 1180 (CanLII):
Thus in any given case the standard of review may range from correctness to reasonableness depending upon whether what is at issue is the decision as to whether a duty to consult exists and if so its extent (primarily legal questions attracting the correctness standard) or, whether the decision concerns the process engaged in by the government in fulfilling its duty which will likely attract a reasonableness standard. See: Ahoushat Indian Band v. Canada (Minister of Fisheries and Oceans), 2008 FCA 212 at para. 34.
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