Vavilov and the Judicial Review of Natural Resources, Energy, and Environmental Decisions in Canada

Resources: A Publication of the Canadian Institute of Resources Law (2020) vol 123

7 Pages Posted: 18 Nov 2020

See all articles by Shaun Fluker

Shaun Fluker

University of Calgary - Faculty of Law

Date Written: May 1, 2020

Abstract

This short paper explains the changes made by the Supreme Court of Canada in its 2019 Vavilov decision to the framework for selecting and applying the standard of review in the judicial review of decisions made by the Executive branch and its delegates in Canada. The paper also looks at how Canadian courts have applied the new Vavilov framework in reviewing natural resources, energy and environmental decisions by statutory officials thus far.

Keywords: judicial review, standard of review, energy, resources, environment

JEL Classification: K23

Suggested Citation

Fluker, Shaun, Vavilov and the Judicial Review of Natural Resources, Energy, and Environmental Decisions in Canada (May 1, 2020). Resources: A Publication of the Canadian Institute of Resources Law (2020) vol 123, Available at SSRN: https://ssrn.com/abstract=3702774

Shaun Fluker (Contact Author)

University of Calgary - Faculty of Law ( email )

Murray Fraser Hall
2500 University Dr. N.W.
Calgary, Alberta T2N 1N4
Canada

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