SCC Addresses Guidelines in Administrative Context

The SCC has issued a useful decision in Agraira v. Canada (Public Safety and Emergency) 2013 SCC 36, a case involving review of a Ministerial decision denying a Libyan citizen relief from an order that he was not admissible to Canada because of sustained contact with known terrorist and/or terrorist connected organizations.  Although it is not directly relevant to professional regulation, the decision contains an excellent summary of current jurisprudence about the reasonableness standard on an application for judicial review (Paragraph 48 ff).  Beginning at paragraph 76, it also contains a useful analysis of the principles of statutory interpretation, examining the purpose of the legislative provision in question and the context in which it operates.  The main reason I have noted the decision is because it may be the first in which the SCC discusses the use that may be made by an administrative agency of guidelines - in other words, directions that are in the form of policy rather than legislation.  In this case the Minister made his decision regarding the applicant, in part relying on a manual prepared by Citizenship and Immigration Canada entitled Inland Processing Manual:"Refusal of National Security Cases/Proecessing of National Interest Requests".  At paragraph 60 the SCC said that the  manual's guidelines contained a set of factors that were relevant and reasonable to be used in evaluating applications of the kind before the Minister.  It noted that these guidelines did not have to be applied formulaically, but guided the exercise of his discretion and assisted in framing a fair administrative process for such applications.  As a result, the Guidelines can be of assistance to the Court in understanding the Minister's implied interpretation of...."  In my mind this is an important recognition which can be relied upon in the regulatory context of professions.  Inquiry Committees, Discipline Panels, Registrars and others working within the system can safely rely upon policy directives, knowing that they have weight before a Court.

http://canlii.ca/t/fz8c4