Supreme Court charts path for reviewing validity of government regulations

The Supreme Court of Canada has clarified the legal path for judges when reviewing the validity of government regulations, guidelines or other such instruments.

In a pair of decisions today, the Supreme Court points to a previous top court ruling that set out a comprehensive framework for determining the applicable standard of review.

The court says a standard for gauging reasonableness, set out in that framework, is presumed to apply when reviewing government regulations and other rules.

It says a court’s role is to review the legality or validity of such regulations, not to weigh whether they are necessary, wise or effective in practice.

As a result, it is not an inquiry into the underlying political, economic, social or partisan considerations.

Rather, the review should be aimed at whether an agency has acted within the scope of its lawful authority.

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This report by The Canadian Press was first published Nov. 8, 2024.