Judicial Reviewing Electronic Decisions

12th May 2015 Comments Off on Judicial Reviewing Electronic Decisions

Bill C-59 – An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 (“Bill C-59“) and other measures introduces certain amendments to the Immigration and Refugee Protection Act (“IRPA“).  One of them is:

186.1 (1) The Minister may administer this Act using electronic means, including as it relates to its enforcement.

(5) For greater certainty, an electronic system, including an automated system, may be used by the Minister to make a decision or determination under this Act, or by an officer to make a decision or determination or to proceed with an examination under this Act, if the system is made available to the officer by the Minister.

It is well known that most Electronic Travel Authorization decisions will be electronic.  Bill C-59 allows for the possibility that automated decision making may occur elsewhere.

As computers possibly start deciding temporary and permanent residence applications, the question has to be asked.. how do you judicially review the decision of a computer? Is the computer an expert?

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