Derek Wu, Law’25, has received the 2024 Paul Smith Memorial Award from the Canadian Bar Association’s Administrative Law Section for the best scholarly paper by a student.

Titled “Deference or More Deference? – Reviewing Regulations after Vavilov,” his paper examines how much courts should defer to government decision-makers when reviewing their actions. The issue is central to administrative law because it affects how much authority courts give to regulators and tribunals when interpreting and applying the law.

“I argue that the reasonableness review framework set out in Canada (Minister of Citizenship and Immigration) v. Vavilov should apply,” Wu explains. “This approach (‘reasonableness review’) ensures courts give appropriate level of deference to decision-makers who enact regulations while maintaining oversight of administrative decisions.”

His paper addresses an ongoing debate over whether courts should apply a stricter reasonableness review or a more lenient, deferential approach that was established in Katz Group Canada Inc v. Ontario (Health and Long-Term Care). The Supreme Court of Canada recently settled the issue in Auer v. Auer, confirming that reasonableness review is the appropriate standard.

Wu wrote the paper for his Administrative Law course with Professor Colin Grey. Winning the award, he says, has reaffirmed his interest in practising administrative law.

For winning the Paul Smith Memorial Award, Derek Wu received a cash prize and his paper is posted on the Canadian Bar Association website.