Whether or not a Minister has exceeded his or her jurisdiction and acted in a way that is ultra vires a statute is an issue that should be determined on a standard of correctness. Indeed, this is a “true question of jurisdiction or vires.” See Dunsmuir v. New Brunswick, 2008 SCC 9,  1 S.C.R. 190 at paragraph 59. As such, correctness will be used to consider whether the Minister had lawful authority to make the July 23, 2008 Decision.
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