Deference as Respect? The Supreme Court of Canada, Academic Sources and the Standard of Judicial Review

Abstract

This paper examines the role of academic sources in four landmark decisions of the Supreme Court of Canada dealing with the standard of Judicial review to be applied to administrative decisions. The paper provides an overview of the debate about the warranted Judicial review standard in Canada, the theoretical framework of the role of academic sources in Court decisions and an analysis of the use of these sources in the said decisions. A three steps analysis method was employed to identify the four Supreme Court decisions on Judicial review of administrative decisions that cite meaningful authorities on this subject. A graphical illustration of the main debate within the Court opinions in each decision is presented to enhance the analysis and emphasis the doctrinal evolution.