What is the test for assessing the substantive reasonableness of the Province's position during the consultations?
British Columbia, Canada
The following excerpt is from British Columbia Teachers’ Federation v. British Columbia, 2015 BCCA 184 (CanLII):
Here the trial judge was evaluating the substantive reasonableness of the Province’s positions during the consultations. In our view, this amounts to an extricable error of law, reviewable on a standard of correctness (see Housen v. Nikolaisen, 2002 SCC 33 at paras. 34-36; R. v. D.J.S., 2015 BCCA 111 at para. 28).
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