Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190 at para. 62 established a two-step process for determining the standard of review. First, the court ascertains whether the jurisprudence has already determined in a satisfactory manner the degree of deference to be accorded with regard to a particular category of question. Second, where the first inquiry proves unfruitful, the court must proceed to an analysis of the factors making it possible to identify the proper standard of review.
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