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Judicial Review - SOR - International Law

. Mason v. Canada (Citizenship and Immigration)

In Mason v. Canada (Citizenship and Immigration) (SCC, 2023) the Supreme Court of Canada considers the role of international law in assessing 'reasonableness', here as the SOR for judicial reviews:
3. Relevant Statutory Law, Common Law, and International Law

[72] Statutory law, common law, and international law may operate as legal constraints on an administrative decision maker (paras. 111 and 114). An administrative decision will be unreasonable if it fails to justify a departure from binding precedents (para. 112). International law can also operate as an important constraint, arising from the presumption that legislation is presumed to operate in conformity with Canada’s international obligations and the values and principles of customary and conventional international law, or by informing whether a decision was a reasonable exercise of administrative authority (para. 114).

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Last modified: 28-09-23
By: admin