How have the circumstances or jurisprudence respecting human rights changed the parameters of the debate on the issue?

I am not persuaded that the circumstances or the jurisprudence respecting human rights have so fundamentally shifted the parameters of the debate as to render the decision in TWU v. BCCT other than dispositive of many of the issues in this case.

The two standards for judicial review of administrative decision are reasonableness and correctness: Dunsmuir v. New Brunswick, 2008 SCC 9 at para. 34 [Dunsmuir].[2] In applying the former, the court gives the administrative body a measure of deference; in applying the latter, the court evaluates the decision without deference for the administrative body, and, if necessary, substitutes its own judgment in place of the original decision.