What is the standard of review for a motion seeking to overturn a decision made by the Minister of Justice?
British Columbia, Canada
The following excerpt is from Wier v. Environmental Appeal Board, 2003 BCSC 1441 (CanLII):
In considering the appropriate standard of review, the court is to adopt the pragmatic and functional approach described in Pushpanathan v. Canada (Minister of Citizenship and Immigration),1998 CanLII 778 (SCC), [1998] 1 S.C.R. 982 in which the central inquiry in determining the standard of review is to determine the legislative intent of the statute creating the tribunal whose decision is being reviewed.
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