What is the current state of the language of judicial review in a civil law context?

British Columbia, Canada


The following excerpt is from Bessette v. British Columbia (Attorney General), 2016 BCSC 2416 (CanLII):

In a civil law context, the development of the “pragmatic and functional approach” in U.E.S., Local 298 v. Bibeault, 1988 CanLII 30 (SCC), [1988] 2 S.C.R. 1048, and subsequent cases, and its gradual refinement into the “standard of review analysis” in Dunsmuir v. New Brunswick, 2008 SCC 9, have changed the language of judicial review. It is no longer common to speak of a “mere error of law” as opposed to an “error of jurisdiction”. It is also not always necessary, in judicial review in a civil context, to explicitly demonstrate an error going to jurisdiction.

Other Questions


What is the standard of review analysis in the context of statutory review and judicial deference? (British Columbia, Canada)
What is the state’s position on civil liberties in the context of civil liberties? (British Columbia, Canada)
What are the standards of review applicable to a judicial review of a decision made under the Rules of Review Act? (British Columbia, Canada)
What is the current state of the law on judicial review of the decisions of municipal councils? (British Columbia, Canada)
What is the current state of the law in the context of a driving prohibition review? (British Columbia, Canada)
What is the current state of the law on admitting fresh evidence on a judicial review? (British Columbia, Canada)
What is the current state of the law on new evidence in a judicial review? (British Columbia, Canada)
What is the current state of the law on the admissibility of new evidence in a judicial review? (British Columbia, Canada)
What is the judicial review approach used by a court engaged in judicial review? (British Columbia, Canada)
What is the current state of the law on the judicial treatment of clinical notes? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.