Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 is the Supreme Court of Canada's latest attempt at overhauling administrative law and clarifying standard of review. The majority of the court revised the framework established in Dunsmuir v New Brunkswick, 2008 SCC 9 to assume that “that the legislature intended the administrative decision maker to function with a minimum of judicial interference,” but “[n]evertheless, respect for these institutional design choices made by the legislature requires a reviewing court to adopt a posture of restraint on review.”
Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817 is another leading Supreme Court of Canada case on administrative law, dealing largely with the nature and application of the common law right to procedural fairness and the duty of administrative decision-makers to meet this standard of fairness.
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