What is the test for a judicial review of a statutory decision?

British Columbia, Canada


The following excerpt is from Gamlaxyeltxw v British Columbia (Minister of Forests, Lands & Natural Resource Operations), 2018 BCSC 440 (CanLII):

The parties agree that if the issue of duty to consult arises within a petition for judicial review, the record before the court will be broader than typical when statutory decisions are reviewed: Chartrand v. British Columbia (Forests, Lands and Natural Resource Operations), 2015 BCCA 345. Thus, the fact that documents were not before the Minister, or considered by the Minister, in making the impugned decisions will not automatically render them inadmissible.

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