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JR - SOR - Reasonableness Review - Justification - Other Statutory and Common Law. Auer v. Auer
In Auer v. Auer (SCC, 2024) the Supreme Court of Canada dismissed an appeal of a JR, here challenging the Federal Child Support Guidelines as ultra vires their Governor-in-Counsel-delegated Divorce Act authority.
The court considers JR 'reasonableness review', here on the constraining factor of 'other statutory or common law':(b) Other Statutory or Common Law
[63] The scope of a statutory delegate’s authority may also be constrained by other statutory or common law. Unless the enabling statute provides otherwise, when enacting subordinate legislation, statutory delegates must adopt an interpretation of their authority that is consistent with other legislation and applicable common law principles (Vavilov, at para. 111, referring to Katz Group, at paras. 45‑48; Montréal (City) v. Montreal Port Authority, 2010 SCC 14, [2010] 1 S.C.R. 427, at para. 40; Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190, at para. 74; Canada (Transport, Infrastructure and Communities) v. Farwaha, 2014 FCA 56, [2015] 2 F.C.R. 1006, at paras. 93‑98; Keyes (2021), at pp. 205‑6).
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