Also ICYMI, @MarkPMancini's post on the #SCC's first post-Vavilov case: doubleaspect.blog/2019/12/20/can…. As with Vavilov itself, I disagree with Mark.
@MarkPMancini Now, @MarkPMancini is quite right that the majority applies Vavilov as it is meant to be applied and that Abella J in dissent does disguised correctness review, for all her howls about reasonableness in Vavilov.
@MarkPMancini But in my view the administrative decision here re-wrote the statute. Practically, that was for the better. But as a simple textual matter, there's no basis for the distinction made by the decision-maker. And usually the administrative state will not be so wise.
@MarkPMancini So we see that Vavilov perpetuates administrative supremacy over legislation. Unlike my friends, I don't think it sufficiently mitigates the evils of the "presumption of reasonableness", which can only be extirpated, not ameliorated.
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