What is the test for determining the standard of review under the privative clause?

The first step is to determine the standard of review to be applied. Guidance is found in Pushpanathan v. Canada (Minister of Immigration) (1998), 1998 CanLII 778 (SCC), 160 D.L.R. (4th) 193 (S.C.C.). The reviewing body has to determine whether it was intended that the question to be decided was to be left to the exclusive jurisdiction of the named tribunal. This case suggests that a functional and pragmatic approach will be applied in order to determine the standard of review. The standard can range from correctness to patent unreasonableness. Where it falls on this spectrum is determined by a consideration of four factors. The reviewing court must examine the nature of the privative clause at issue, the expertise of the tribunal, the purpose of the act as a whole and the provision in question in particular, and the nature of the problem at issue. No one factor is determinative of the issue. All must be considered before determining the standard of review.