Simplification or Semantics? Evaluating Vavilov's Impact on Standard of Review
DOI:
https://doi.org/10.29173/alr2841Abstract
The Supreme Court of Canada’s pivotal decision in Canada (Minister of Citizenship and Immigration) v. Vavilov introduced a categorical approach to standard of review analysis, aiming to simplify the existing framework. This article traces the evolution of standard of review analysis and outlines previous empirical studies that examine Vavilov’s effect on this analysis. The article describes a new empirical study that employs a current large language model to measure various variables pertaining to Federal Court and Federal Court of Appeal decisions, such as length of standard of review analysis and party agreement on standard of review. The findings confirm that Vavilov has simplified the standard of review analysis, but perhaps that this simplification may have resulted from an evolving approach that began in the years preceding Vavilov.
Downloads
Published
Issue
Section
License
For Editions following and including Volume 61 No. 1, the following applies.
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
For Editions prior to Volume 61 No. 1, the following applies.
Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:
- Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
- Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
- Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
- Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.
To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.
