What is the standard of review of the draft Bill for the purpose of determining whether it complies with s. 2 of the RIA?
British Columbia, Canada
The following excerpt is from Allan v. British Columbia (Chief Electoral Officer), 2010 BCSC 1174 (CanLII):
On the standard of review, I accept, as submitted by the CEO, that on the question of whether the draft Bill complies with s. 2 of the RIA, the CEO’s decision must be correct; on the question of whether it has been drafted in a clear and unambiguous manner the standard should be one of reasonableness. In my view, all the considerations set out in Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190 (para. 64) support this conclusion.
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