What is the "polycentricity principle" in the context of statutory supervision?

Nova Scotia, Canada


The following excerpt is from Acheson & DeWolfe v. Minister of Environment, 2006 NSSC 211 (CanLII):

The much quoted explanation and elaboration on this factor which overlaps with expertise is Bastarache, J. comments at para. 36 in Pushpanathan v. Canada, supra, " ... Where the purposes of the statute and the decision‑maker are conceived not primarily in terms of establishing rights as between parties, or as entitlements, but rather as a delicate balance between different constituencies, then the appropriateness of court supervision diminishes. ... While judicial procedure is premised on a bipolar opposition of parties, interests, and factual discovery, some problems require the consideration of numerous interests simultaneously, and the promulgation of solutions which concurrently balance benefits and costs for many different parties. Where an administrative structure more closely resembles this model, courts will exercise restraint. The polycentricity principle is a helpful way of understanding the variety of criteria developed under the rubric of the 'statutory purpose'."

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