Vavilov and the Judicial Review of Natural Resources, Energy, and Environmental Decisions in Canada

Abstract

This short paper explains the changes made by the Supreme Court of Canada in its 2019 Vavilov decision to the framework for selecting and applying the standard of review in the judicial review of decisions made by the Executive branch and its delegates in Canada. The paper also looks at how Canadian courts have applied the new Vavilov framework in reviewing natural resources, energy and environmental decisions by statutory officials thus far.

Keywords: judicial review, standard of review, energy, resources, environment

JEL Classification: K23