Expert Analysis

When the Crown has to argue reasons instead of pointing to them

By Alejandro Fiszman ( August 18, 2026, 2:58 PM EDT) -- There is a moment in COVID-benefit judicial review that recurs so often it has become diagnostic. Counsel for the Attorney General is asked, from the bench, to point to the place in the decision where the Canada Revenue Agency (CRA) officer engaged with the applicant’s central submission. And counsel cannot point to it because it is not there — so counsel explains instead why the officer did not need to....