Reasonableness

Ceiling or No Ceiling? R v R.B.-C. and When Sentencing Delay Becomes Unreasonable

In R v R.B.-C., the Supreme Court of Canada was asked to apply a presumptive ceiling to determine when sentencing delay breaches s. 11(b) of the Charter. Justice Martin declined to do so, holding instead that the test is a ‘markedly longer’ standard. She also held that the correct remedy for unreasonable sentencing delay is a reduction in sentence. This unanimous decision from the Court reveals how it views judges as normative actors within the Canadian criminal justice system.

Reasonable Findings, Questionable Remedies: the SCC on Remitting Matters on Judicial Review in Pepa

The Supreme Court of Canada’s holding in Pepa v Canada (Citizenship and Immigration), 2025 SCC 21 reveals fault lines in the current approach to granting remedies on judicial review. The resulting uncertainty risks undermining the principle of predictability in the administrative state. In short, Pepa has significant consequences for administrative decision-makers and applicants seeking judicial review, particularly with respect to statutory interpretation.

​​Reasonably Robust Reasonableness: Mason v Canada (Citizenship and Immigration)

At issue in Mason v Canada (Citizenship and Immigration), 2023 SCC 21 [Mason] was whether “acts of violence” in s. 34(1)(e) of the Immigration Refugee and Protection Act, SC 2001, c 27 [IRPA] requires a nexus to national security, or relates only to violence broadly, in order to find a permanent resident or foreign national […]

A New Correctness Category: The SCC Departs from Vavilov in SOCAN

The first installment of this post addressed the statutory interpretation question in Society of Composers, Authors and Music Publishers of Canada v Entertainment Software Association, 2022 SCC 30 [SOCAN]. The entire court was in agreement on the issue, and this was unsurprising given the Copyright Board of Canada's (the "Board") blatant departure from the well-settled […]

To Deport or Not to Deport, A Question of Reasonableness: SCC Grants Leave to Appeal to Mason v Minister of Citizenship and Immigration

On March 3, 2022, the Supreme Court of Canada (“SCC”) granted leave to appeal to Earl Mason, et al v Minister of Citizenship and Immigration, et al, SCC Case No 39855. This case is significant for being one of the first substantive appellate discussions of judicial review post-Vavilov (Canada (Minister of Citizenship and Immigration) v […]

On the Reasonableness of Reasons: Association of Justice Counsel v Canada

In Association of Justice Counsel v Canada (Attorney General), 2017 SCC 55 [Association of Justice Counsel] the Supreme Court of Canada ("SCC") elaborated on the relationship between the provisions of reasons and the reasonableness standard of review.

Doctors and Discipline: Deference to the Penalty Decision in College of Physicians and Surgeons of Ontario v Peirovy

On January 17, 2017, the Divisional Court at the Ontario Superior Court of Justice ruled on College of Physicians and Surgeons of Ontario v Peirovy, 2017 ONSC 136 [Peirovy], creating questions about the degree of deference courts should afford to disciplinary committees in self-governing professions. Peirovy has since been granted to leave to the Ontario […]

R v Vassell: Reasonableness and Systemic Flaws in the Legal System

In R v Vassell, 2016 SCC 26, the accused, Mr. Vassell, was charged with possession of cocaine for the purpose of trafficking. However, Mr. Vassell’s trial was delayed by over three years, and because of this, he applied for a stay of proceedings and claimed that the delay violated his s. 11(b) Charter right. Under […]