Afterword: Vavilov: A Success Story, with Lessons Worth Learning

When it comes to Supreme Court of Canada decisions, I am not really known for my unequivocal, consistent, enthusiastic praise.Indeed, in administrative law, I can be rather uncharitable.Some may recall that in 2016, I wrote an article criticizing the Supreme Court's approach to administrative law.I said that "[Canadian] administrative law is a never-ending construction site where one crew builds structures and then a later crew tears them down to build anew, seemingly without an overall plan." 1 In that article, I targeted the Dunsmuir v. New Brunswick case 2 and the glosses on it in the later years. 3 Many followed with their own views.Much praise for Dunsmuir?There most certainly was not!And, in 2019, sure enough, the Supreme Court tore down the Dunsmuir mess.Before us was the Supreme Court's latest structure for the substantive review of administrative decisions, Canada (Minister of Citizenship and Immigration) v. Vavilov. 4 A new structure, gleaming, bright, and shiny!With all the hopes every previous structure had enjoyed.Might it survive, we wondered?Here we are, over five years later.And Vavilov still stands.And as for that oft-visiting wrecking crew, it's nowhere in sight.Today, five years later, Vavilov survives.Indeed, as we shall see, it thrives.It has even extended its reach, spreading into all areas of substantive review and arguably procedural review too! 5