At least with the previous standard of review analysis it was clear what factors would be relied upon. (erudit.org)
In other words, while Justices LeBel and Cromwell purported to apply the categorical approach, [60] the real drivers of the choice of standard of review were the much - maligned standard of review analysis factors. (erudit.org)
The fact that the Court of Appeal provides 116 paragraphs of reasoning on this issue, and splits on why reasonableness is the applicable standard here, tells you that standard of review analysis remains anything but simple these days. (ablawg.ca)