That's correct. Initially, there is a lead provision, which is a very low test. It's the test in a case called Bains v. Canada in the Federal Court of Appeal, which is set out as the test for an arguable case. So the applicant seeking judicial review has to make an arguable case, and then that goes to judicial review. To get an indication of a much higher test, in IRPA section 73, I believe it is, it sets out the grounds to take a case to the Federal Court of Appeal . A much higher test is there where the judge must certify a serious question of general importance. So the lead test is quite low. It's an arguable case to get it to judicial review in the Federal Court.
On December 5th, 2006. See this statement in context.