Vavilov

​​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 […]

Bell Canada: Applying the Vavilov Framework to Super Bowl Ads

Canada Post Corp v Canadian Union of Postal Workers: Workplace safety diluted for federal employees