What is the standard of review under section 778 of the Criminal Code of Canada?
Northwest Territories, Canada
The following excerpt is from Tan v Minister of Health and Social Services, 2010 NWTSC 12 (CanLII):
The applicant submits that in determining the appropriate standard of review, the court is to take a pragmatic and functional approach which takes into account the following factors: 1. The existence of a privative clause; 2. The relative expertise of the decision-maker in question; 3. The purpose of the act as a whole, and the section under review in particular; and 4. The nature of the problem- whether it is a question of law or fact. Pushpanathan v. Canada, 1998 CanLii 778 (S.C.C.)
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