Author’s Note: The author would like to thank Professors Benjamin Berger, Signa Daum Shanks, and Bruce Ryder for their generous and thoughtful contributions, without which this post would not have been possible. This is the second part of a two-part post. Part I offered some insight into the scope and identity of the McLachlin Court, as […]
Author’s Note: The author would like to thank Professors Benjamin Berger, Signa Daum Shanks, and Bruce Ryder for their generous and thoughtful contributions, without which this post would not have been possible. It has now been a few months since the retirement of the Right Honourable Beverley McLachlin from the role of Chief Justice of […]
You would be forgiven, said Justice Rosalie Silberman Abella at Chief Justice Richard Wagner’s swearing-in ceremony, for forgetting that it is possible for men to become the Chief Justice of the Supreme Court of Canada (“SCC”). A female justice has overseen the SCC for so long that it is tempting to consider male leadership a […]
On January 17, 2017, the Divisional Court at the Ontario Superior Court of Justice ruled on College of Physicians and Surgeons of Ontario v Peirovy, 2017 ONSC 136 [Peirovy], creating questions about the degree of deference courts should afford to disciplinary committees in self-governing professions. Peirovy has since been granted to leave to the Ontario […]
Canada’s eighth Chief Justice, Sir Lyman Duff, sits in his easy chair by the roaring fire in his home at 488 Wilbrod Street. Kenneth Campbell, his assistant, occupies a familiar place by his side. Campbell pores over the books that range in topic from the latest works on atomic energy to the political philosophy of […]
Introduction and Background In most Canadian jurisdictions, a class action cannot proceed without a certification. The story of Endean v British Columbia, 2016 SCC 42 [Endean] begins with the superior courts of British Columbia, Ontario, and Quebec certifying concurrent class actions on behalf of persons infected with Hepatitis C through the Canadian blood supply. These […]
On Monday, October 17th, Prime Minister Trudeau announced his first nominee to the Supreme Court of Canada: Justice Malcolm Rowe. Set to fill the seat of Justice Cromwell who retired from the Court in September, Justice Rowe—provided his nomination succeeds—will become the first appointee from Newfoundland and Labrador. To add to historic firsts, Justice Rowe […]
In Bernard v Canada (Revenue Agency), 2015 FCA 263 [Bernard], the main issue was rather simple: Justice Stratas of the Federal Court of Appeal addressed questions relating to the appropriate content of the record for judicial review. Background Information The respondent in this case was looking to strike out certain paragraphs of the applicant’s affidavit and […]
Within administrative law, there are various discretionary bars that are available for the courts to use to increase or decrease access to the judicial system. One such bar is the discretionary bar of prematurity, which is used when an application brought before an administrative proceeding has completed. In such cases, the court can exercise discretion […]
There exists within the territory of the Yukon only one French-language school, École Émilie-Tremblay, which is governed by the only school board in the Yukon, the Francophone School Board (“Board”). In 2009, this lone Board sued the Yukon government for what it claimed were deficiencies in the provision of minority language education. In 2015, the […]