Supreme Court of Canada holds that the Vavilov framework applies to the review of subordinate legislation

Introduction

On November 8, 2024, the Supreme Court of Canada (SCC) confirmed in two companion decisions, Auer v Auer (Auer) and TransAlta Generation Partnership v Alberta (TransAlta),[1] that the robust reasonableness standard set out in Canada (Minister of Citizenship and Immigration) v Vavilov (Vavilov) is the presumptive standard for reviewing the vires of subordinate legislation, such as regulations.

[1] 2024 SCC 36 [Auer]; 2024 SCC 37 [TransAlta].

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