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TOPICS

(What's a Topic?)


Discretion


COMMENT

The topic of 'discretion' is quite broad but basically it refers to a delegated authority to make a decision as the delegatee thinks fit - be it a judge, an adjudicator or some other form of public authority. The most common 'discretion' issue these days is the review (appeal-JR) 'standard of review' (SOR), where the court decides how much deference to give to discretionary decisions on appeal or judicial review.

IMHO a live legal issue is that: 'discretion may only be exercised consistent with the law'. I think that the Okanagan case reads the 'law' under this doctrine very broadly - to typical day-to-day judicial adjudication rather than only statutory law - which in term would limit the range of a decision-maker's discretion.


CASES

General
Discretion - Characterized
Discretion - Examples

Fettering
VAVILOV - Discretion - Fettering
Discretion - Fettering

Judicial Discretion
Discretion - Judicial

Jurisdiction
VAVILOV - Discretion - Jurisdiction
Discretion - Jurisdiction

Consistent with the Law
Discretion - Consistent with the Law
Discretion - Consistent with the Law (Okanagan)

Standard of Review
Discretion - Standard of Review (SOR)

Other
Judicial Review - Discretion
Discretion - Breadth of Statutory Discretionary Authority
Discretion - Evidence
Discretion - Constitutional

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Last modified: 12-06-26
By: admin