Judicial review

Unreasonable Search and Seizure in the Workplace: SCC Grants Leave in YRDSB v ETFO

In Elementary Teachers Federation of Ontario v York Region District School Board, 2022 ONCA 476 [Elementary Teachers], the Ontario Court of Appeal (“ONCA”) explored whether employees had a right to be protected against unreasonable search and seizure in the workplace under section 8 of the Canadian Charter of Rights and Freedoms [Charter]. Determining that employees have section 8 Charter rights, the ONCA also ruled on the scope of employees’ reasonable expectation of privacy, setting out important developments on this issue in the process. On March 16, 2023, the Supreme Court of Canada (“SCC”) granted the application for leave to appeal in this case.

Statutory Accident Benefit Claims and Judicial Review: SCC Grants Leave in Yatar v TD Insurance

In Yatar v TD Insurance Meloche Monnex, 2022 ONCA 446 [Yatar], the Ontario Court of Appeal (“ONCA”) considered the scope of appellants’ right to the remedy of judicial review in cases regarding disputes over statutory accident benefit claims. After considering the relevant factors, it concluded that courts should only grant judicial reviews sparingly in the […]

To Deport or Not to Deport, A Question of Reasonableness: SCC Grants Leave to Appeal to Mason v Minister of Citizenship and Immigration

Bessette v British Columbia: Access to French Language Trials in B.C.

Breach of the Peace: ONCA Addresses Police Power to Arrest in Fleming v Ontario

Tensions can run high during political demonstrations, and police are often deployed to monitor the situation and prevent an escalating conflict.  In doing so, police have a common law power to arrest individuals when they believe an arrest may prevent a breach of the peace without the requirement that police believe that the person being […]

West Fraser Mills Ltd. v BC (Workers’ Compensation Appeal Tribunal) : Recognizing the Complexities of Workplace Safety

Courts have forever grappled with defining the legal scope of liability between various parties in society. The Supreme Court of Canada (“SCC” or the “Court”) released a decision in West Fraser Mills Ltd v BC (Workers’ Compensation Appeal Tribunal), 2018 SCC 22 [West Fraser], which upheld a claim of workers compensation against a non-employer.

Duty to Consult, Honour of the Crown, and Legislatures – An Unclear Way Forward for Indigenous Communities in Mikisew Cree First Nation v Canada (Governor General in Council)

The recent decision Mikisew Cree First Nation v Canada (Governor General in Council), 2018 SCC 40 divided the Supreme Court of Canada ("SCC"), resulting in an unclear way forward for Indigenous communities seeking to protect their Aboriginal and treaty rights during the legislative process. The case arises from the Mikisew Cree Nation’s application for judicial review of […]

Highwood Congregation v Wall: Decisions About the World’s Greatest Hockey Player are Not Subject to Judicial Review

Highwood Congregation of Jehovah's Witnesses (Judicial Committee) v Wall, 2018 SCC 26 [Wall, 2018 SCC], examined which kinds of decision-making bodies are subject to judicial review for procedural fairness. A recent line of decisions had suggested that, under certain conditions, some private actors (such as political parties, churches, and soccer clubs) may be subject to the […]

The Reasonableness of Extradition Assurances Against Torture in India v Badesha

In India v Badesha, 2017 SCC 44 [Badesha] the Supreme Court of Canada (“the Court”) weighed in on the extradition of two Canadian citizens charged in India for conspiracy to commit murder in an alleged honour-killing. The Court’s decision provides a useful overview of extradition law in Canada and the factors the Minister of Justice […]

BC Human Rights Tribunal v Schrenk: Employment Discrimination and Access to Justice

On December 15th 2017, the Supreme Court released its decision in British Columbia Human Rights Tribunal v Schrenk, 2017 SCC 62 [Schrenk], which deals with the question of whether discrimination “regarding employment” can ever be perpetrated by someone other than the complainant’s employer or superior in the workplace. The following post will discuss the case […]