Marianne Zoric

Landmark decision reforming the framework for judicial review of administrative decisions.

The Court established a presumption that reasonableness is the applicable standard of review, rebuttable where the legislature has indicated a different standard (including by providing a statutory appeal mechanism) or where the rule of law requires correctness review on constitutional questions, general questions of central legal importance, or jurisdictional boundaries between administrative bodies.

The Court also provided extensive guidance on conducting reasonableness review.

On the merits, the Registrar's decision to cancel the respondent's citizenship certificate was found unreasonable, as the statutory exception denying citizenship by birth to children of foreign government employees was intended to apply only to individuals whose parents had been granted diplomatic privileges and immunities.

The appellant challenged the refusal of humanitarian and compassionate relief under s. 25(1) of the Immigration and Refugee Protection Act after unsuccessful refugee and risk-assessment proceedings.

The majority held that the officer unreasonably constrained discretion by treating 'unusual and undeserved or disproportionate hardship' as rigid legal thresholds rather than descriptive guidance.

The reasons emphasized holistic assessment, including mental health evidence, discrimination risk evidence, and the best interests of a directly affected child.

The appeal was allowed, the officer’s decision was set aside, and the matter was remitted for reconsideration.

A dissent would have upheld the refusal as reasonable under a stringent but flexible exceptional-relief framework.

Consolidated immigration appeals considered whether inadmissibility for people smuggling under s. 37(1)(b) of the Immigration and Refugee Protection Act captures all assistance to undocumented migrants or is limited by organized transnational criminality and material benefit.

The Court held the provision applies only where conduct furthers illegal entry for direct or indirect financial or other material benefit in the context of transnational organized crime.

Humanitarian and mutual aid, including assistance among asylum-seekers in collective flight to safety, does not itself constitute people smuggling under this provision.

The prior inadmissibility determinations were based on an unreasonable statutory interpretation and were remitted for reconsideration on the proper legal test.

The Court dismissed an appeal challenging a refusal of ministerial relief from inadmissibility under s. 34(2) of the Immigration and Refugee Protection Act.

It held that reasonableness is the applicable standard of review for this discretionary decision and accepted an interpretation of national interest focused mainly on national security and public safety, while not excluding other relevant factors.

The Court found the Minister’s reasons intelligible and justified on the evidentiary record, including sustained contact with an organization found to have engaged in terrorism and credibility concerns.

It further held that procedural fairness was satisfied and any legitimate expectations from published guidelines were met.

The Minister’s decision was allowed to stand.