National Corn Growers Assn. v. Canada (Import Tribunal)
Encyclopedia
National Corn Growers Assn. v. Canada (Import Tribunal), [1990] 2 S.C.R. 1324 is a leading decision of the Supreme Court of Canada
on judicial review
and statutory interpretation.
The Canadian Import Tribunal conducted an inquiry of the importation of grain from the US under s.42 of the Special Import Measures Act. The Tribunal found that the subsidization of grain imports were potentially the cause of "material injury" to the production in Canada.
The National Corn Growers Association applied for judicial review of the decision. They argued that the Tribunal had no jurisdiction to determine potential injuries under the Act.
Justice Gonthier, applying the analysis in Canadian Union of Public Employees, Local 963 v. New Brunswick Liquor Corp.
1979 found that the standard under which the decision can be reviewed is one of patent unreasonableness. In his view, the Tribunal could indeed consider the issue of potential injury. The existence of a privative clause
was sufficient to accord the Tribunal deference in review. He emphasized that the reviewing court is not to determine the correct answer with which to compare the Tribunal's decision in order to determine the reasonableness of it.
Wilson, in concurrence, considered meaning of the advent of the "pragmatic and functional approach" found in the NB Liquor case and in U.E.S., Local 298 v. Bibeault, 1988. Underlying it was the principle of the rule of law
.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
on judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
and statutory interpretation.
The Canadian Import Tribunal conducted an inquiry of the importation of grain from the US under s.42 of the Special Import Measures Act. The Tribunal found that the subsidization of grain imports were potentially the cause of "material injury" to the production in Canada.
The National Corn Growers Association applied for judicial review of the decision. They argued that the Tribunal had no jurisdiction to determine potential injuries under the Act.
Justice Gonthier, applying the analysis in Canadian Union of Public Employees, Local 963 v. New Brunswick Liquor Corp.
Canadian Union of Public Employees, Local 963 v. New Brunswick Liquor Corp.
CUPE v. New Brunswick Liquor Corp., [1979] 2 S.C.R. 227 is a leading case decided by the Supreme Court of Canada. This case first developed the "pragmatic and functional" approach to determine the standard of review in administrative law.-Background:...
1979 found that the standard under which the decision can be reviewed is one of patent unreasonableness. In his view, the Tribunal could indeed consider the issue of potential injury. The existence of a privative clause
Privative clause
In administrative law, a privative clause is a provision in a statute that tries to remove a court’s ability to review decisions of a tribunal . In the UK they are known as "ouster clauses"....
was sufficient to accord the Tribunal deference in review. He emphasized that the reviewing court is not to determine the correct answer with which to compare the Tribunal's decision in order to determine the reasonableness of it.
Wilson, in concurrence, considered meaning of the advent of the "pragmatic and functional approach" found in the NB Liquor case and in U.E.S., Local 298 v. Bibeault, 1988. Underlying it was the principle of the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
.