What is the standard of review applicable to the respondent under the CCRA?
British Columbia, Canada
The following excerpt is from Mapara v. Ferndale Institution (Warden), 2011 BCSC 106 (CanLII):
As to the standard of review applicable to the respondent, the petitioners say that based on Ennis v. Canada (Attorney General), 2003 FCT 461, decisions regarding the internal management of the penitentiary system will not likely be interfered with unless there are formal defects, a breach of natural justice, excess of jurisdiction or a finding of fact made in an irrational or vexatious manner. They submit that the respondent’s interpretation of the CCRA and his application of the unwritten centralized process meet the criterion for review described in that decision.
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