What is the standard of review for a notice of a constitutional question?
Canada (Federal), Canada
The following excerpt is from Benavides Livora v. Canada (Minister of Citizenship and Immigration), 2006 FC 104 (CanLII):
As the point is one of law, the applicable standard of review is that of correctness. The language of the sections quoted is clear and the notice of a constitutional question is not usually regarded as a formality which can be lightly disregarded (see e.g. Bekker v. Canada, 2004 FCA 186, [2004] F.C.J. No. 819, at paragraph 8).
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