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JR - SOR - Exceptions - Future

. Pepa v. Canada (Citizenship and Immigration)

In Pepa v. Canada (Citizenship and Immigration) (SCC, 2025) the Supreme Court of Canada noted that new exceptions to JR 'reasonableness' SOR may still arise (as per Vavilov):
[36] The Court did not foreclose the “possibility that another category could be recognized as requiring a derogation from the presumption of reasonableness review in a future case”, however, any new basis would have to be “exceptional” and should be “consistent with the framework and the overarching principles set out in these reasons” (Vavilov, at para. 70). A new category of correctness review was later recognized in Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association, 2022 SCC 30, [2022] 2 S.C.R. 303: “. . . when courts and administrative bodies have concurrent first instance jurisdiction over a legal issue in a statute” (para. 28; see also Mason, at para. 43).

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Last modified: 29-06-25
By: admin