What is the test for a guideline to be used by a court to determine the appropriate level of authority for the use of discretionary power?
Canada (Federal), Canada
The following excerpt is from Delisle v. Canada (Attorney General), 2006 FC 933 (CanLII):
However, according to the case law, if a guideline is set forth, (1) it must be based on criteria that are relevant to the exercise of discretionary power, that is to say, related to the object of the law (Maple Lodge Farms Limited v. Government of Canada [1981] F.C. and 500 (A.C.)) and (2) it must be in conformity with the enabling statute (Ramsaroop v. University of Toronto [2001] O.J. No. 2103);
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