What is the test for reasonableness in a review of a discretionary policy?
Canada (Federal), Canada
The following excerpt is from Malone v. Canada (Attorney General), 2021 FC 127 (CanLII):
While the review of a discretionary policy falls under the umbrella of reasonableness, a reviewing court will grant the decision maker “a very large margin of appreciation”: Hupacasath, at para. 67. A decision will only be unreasonable where it is made in bad faith, for considerations irrelevant or extraneous to the legislative purpose, or is irrational, incomprehensible or otherwise an abuse of discretion: Malcolm v. Canada (Fisheries and Oceans), 2014 FCA 130, at para. 35.
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