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….