Canada (Minister of Citizenship and Immigration) v Vavilov
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Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65, is a landmark decision of the Supreme Court of Canada that clarified the determination and application of standard of review in Canadian administrative law. Vavilov established a presumption that reasonableness is the applicable standard of review of administrative decisions in all cases.[2][3] The case concerned the review of the Canadian Registrar of Citizenship's decision to cancel Alexander Vavilov's citizenship certificate on the basis of his parents' identity as covert Russian agents, based on an interpretation of s. 3(2)(a) of the Citizenship Act. The Supreme Court of Canada affirmed the Federal Court of Appeal's decision to quash the Canadian Registrar of Citizenship's decision, on the basis that it was unreasonable.[3]: 3
Canada (Minister of Citizenship and Immigration) v Vavilov | |
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Hearing: December 4–6, 2018 Judgment: December 19, 2019 | |
Citations | 2019 SCC 65 |
Docket No. | 37748 [1] |
Prior history | Judgment for Vavilov in the Federal Court of Appeal, 2017 FCA 132 Judgment for Canada in the Federal Court, 2015 FC 960 |
Court membership | |
Chief Justice | Richard Wagner |
Puisne Justices | Rosalie Abella, Michael Moldaver, Andromache Karakatsanis, Clément Gascon, Suzanne Côté, Russell Brown, Malcolm Rowe, Sheilah Martin |
Reasons given | |
Majority | Richard Wagner, Michael Moldaver, Clément Gascon, Suzanne Côté, Russell Brown, Malcolm Rowe, Sheilah Martin |
Concurrence | Rosalie Abella, Andromache Karakatsanis |