Bill 21 brings Chief Justice Richard Wagner to the decision of a lifetime [citizenship]

Good long read on Justice Wagner, including the discussion of the Vavilov case where I understand the issue of coherence in rulings of administrative tribunals. On the other hand, the Court completely missed the substantive citizenship issue, that foreign officials did not benefit from their children being granted Canadian citizenship if born in Canada. That they were not “official” diplomats but undercover spies, and the resulting “loophole,” failed a basic common sense test:

…The Chief Justice’s most important ruling will sound a bit boring: a 2019 judgment called Vavilov that resolved a legal debate in administrative law. This is a mostly unseen but omnipresent part of the legal system, where the courts assess government decision-making and citizens can seek review of rulings from tribunals such as the Immigration and Refugee Board of Canada. 

Until the Vavilov ruling, how judges reviewed such decisions was a mess. There was little coherence and a lot of wasted court time.

Chief Justice Wagner sought to solve the problem. The Supreme Court took on three similar appeals, invited interveners to join in and, unusually, solicited outside legal help. 

The central case was that of Alexander Vavilov, born in Toronto in 1994. His parents were Russian spies, the inspiration for the television show The Americans. After the FBI arrested the spies in 2010 near Boston, Mr. Vavilov applied to renew his Canadian passport. In 2014, the federal Registrar of Canadian Citizenship cancelled his certificate of citizenship.

The registrar’s reading of federal regulations, and the Citizenship Act, determined Mr. Vavilov should not have been granted Canadian citizenship at birth because his parents had been employees of a foreign government.

Mr. Vavilov won at the Supreme Court in a 7-2 decision. Chief Justice Wagner, the lead author, ruled that the registrar’s conclusion was unreasonable. The larger legal breakthrough: the judgment clarified how courts should review administrative decisions writ large. …

Source: Bill 21 brings Chief Justice Richard Wagner to the decision of a lifetime