Case
This person was born in Canada to parents who were undercover Russian spies.
Who is Alexander Vavilov?
Who were foreign nationals working on assignment for the Russian foreign intelligence service, posing as Canadians under assumed names?
What is Alexander Vavilov's parents?
This landmark case redefined this legal test used to evaluate decisions of administrative bodies.
What is the 'standard of review'?
Judicial review allows courts to review decisions made by these bodies.
What are administrative tribunals or government decision-makers?
This 1986 Supreme Court case established the test used to justify limits on Charter rights under section 1.
What is R. v. Oakes?
This government body revoked Alexander Vavilov’s Canadian citizenship.
What is the Registrar of Citizenship?
A failure to provide procedural fairness may lead to this remedy.
What is quashing or setting aside the decision?
The other two of three cases in the “administrative law trilogy"
What is Bell Canada v. Canada (Attorney General)?
When a court applies this standard, it gives no deference and substitutes its own view of the law.
What is correctness?
"No deference" means that the court does not give any weight or special respect to the decision made by an administrative decision-maker. Instead, the court reviews the issue entirely on its own terms and comes to its own conclusion.
Before applying the section 1 justification framework, a court must first determine that this has occurred.
What is an infringement of a Charter right?
December 2019
This procedural principle requires administrative bodies to provide a fair process before making a decision that affects someone’s rights
What is procedural fairness?
A mechanism to challenge a legal decision focused on the correctness of the decision
What is an 'appeal'?
The idea that Canadian courts enter into a dialogue with the legislatures, promoting public debate about the fundamental values guaranteed by the Charter.
What is dialogue theory?
In this landmark 1986 Supreme Court case, the law created this kind of legal presumption, meaning the accused had to prove they were innocent of a related crime.
What is a reverse onus?
The Plaintiff was born in this Canadian city, making him a presumed citizen at birth.
What is Toronto?
This is one key exception where the correctness standard must be applied instead of reasonableness.
What are constitutional questions?
When you disagree with an administrative decision made about you
What is 'judicial review'?
The legal framework used in Canada to determine if a government action that infringes on a Charter right is justified
What is the Oakes test?
In the 1986 landmark SCC Case, the Court struck down the law because it violated this right under the Charter, related to the burden of proof.
What is the presumption of innocence?
The Supreme Court ruled in favor of the Plaintiff with this vote count.
What is 7-12?
The movie inspired by one of the cases that constituted the administrative trilogy.
What is The Americans?
If a decision is justifiable based on facts and law and if the decision-making process was transparent and understandable
What is the 'reasonableness standard'?
This body ultimately retains the power to respond through new or revised laws—challenging the idea that courts always have the last word.
What is Parliament (or legislatures)?
What is hashish oil?