The Court of Appeal dismissed an appeal brought by the Chief Coroner of the Yukon. On an application for judicial review, a Chambers Judge had ordered an inquest into the death of Ms. Cynthia Blackjack in spite of the Chief Coroner’s decision not to do so. The Court of Appeal dismissed the appeal, upholding the court’s concurrent, equivalent and continuing jurisdiction pursuant to the Coroners Act.

18. December 2018 0
Administrative law – Judicial review – Appeals – Jurisdiction – Compliance with legislation – Criminal matters – Coroner’s inquest Blackjack v. Yukon (Chief Coroner), [2018] Y.J. No. 91, 2018 YKCA 14, Yukon Territory Court of Appeal, October 24, 2018, E.A. Bennett, L.A.M. Charbonneau and G. Dickson JJ.A Ms. Cynthia Blackjack died on-board a medevac aircraft ...

Court granted public standing to a First Nation’s representative in a judicial review of Yukon Coroner’s decision not to conduct an inquest

24. November 2016 0
The Chief Coroner of Yukon brought an application to remove the Little Salmon Carmacks First Nation (LSCFN) from an application for judicial review brought by LSCFN on its own behalf and on behalf of Ms. Theresa Blackjack.  The LSCFN and Ms. Theresa Blackjack were seeking judicial review of the Coroner’s decision not to conduct an ...

Application to become a fully licensed psychologist was denied for lack of evidence of supervised work experience

22. February 2016 0
The Minister’s decision to deny the appellant’s application to become a fully licensed psychologist was upheld as reasonable because the appellant had not provided sufficient paperwork with her application for licensure to demonstrate she had met supervision criteria which was clearly required in order for her to become fully licensed. Administrative law – Decisions of ...

A registered nurse (“Heffel”) was unsuccessful on appeal to the Northwest Territories Supreme Court from a decision of the Board of Inquiry under the Nursing Profession Act

23. June 2015 0
Administrative law – Decisions of administrative tribunals – Registered Nurses Association – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Training requirements – Judicial review – Standard of review – Reasonableness simpliciter – Evidence – Bias Heffel v. Registered Nurses Assn., [2015] N.W.T.J. No. 22, 2015 NWTSC 16, Northwest Territories ...

The Applicant, the Government of Yukon, successfully sought judicial review of a decision of the Respondent, Licensed Practical Nurses Advisory Committee

26. May 2015 0
Administrative law – Decisions of administrative tribunals – Licensed Practical Nurses – Nurses – Disciplinary proceedings – Competence – Complaints lacking merit – Judicial review – Compliance with legislation – Evidence – Burden of proof Yukon v. O.G., [2014] Y.J. No. 109, 2014 YKSC 52, Yukon Territory Supreme Court, October 24, 2014, C. Kenny J. ...

Appeal from order setting aside verdict of a coroner’s inquest on basis that the inquest was procedurally unfair. Appeal allowed on basis that the procedural deficiencies did not support quashing the verdict. Verdict reinstated.

22. October 2013 0
Administrative law – Decisions of administrative tribunals – Coroner – Coroner’s inquest – Evidence – Judicial review – Parties – Standing – Procedural requirements and fairness Charlie v. Canada (Attorney General), [2013] Y.J. No. 61, 2013 YKCA 11, Yukon Territory Court of Appeal, September 12, 2013, M.E. Saunders, D.F. Tysoe, and E.A. Bennett JJ.A. The appellant ...

The Northwest Territories Supreme Court holds that the Northwest Territories Public Utilities Board exceeded its jurisdiction by engaging in retroactive ratemaking

25. January 2011 0
Administrative law – Decisions of administrative tribunals – Public Utilities Board – Regulation of rates – Judicial review – Standard of review – Correctness – Jurisdiction Northland Utilities (Yellowknife) Ltd. v. Northwest Territories (Public Utilities Board), [2010] N.W.T.J. No. 91, 2010 NWTSC 92, Northwest Territories Supreme Court, November 24, 2010, J.Z. Vertes J. The Northwest ...

The applicant (Aurora College) successfully applied to quash the decision of an adjudicator established under the Human Rights Act. The adjudicator had ordered that an investigative report be disclosed to her.

28. December 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Adjudications – Human rights complaints – Discrimination – Judicial review – Disclosure – Relevance of information disclosed – Compliance with legislation – Standard of review – Correctness – Inquiries vs. adjudications Aurora College v. Niziol, [2010] N.W.T.J. No. 86, 2010 NWTSC 87, Northwest ...

The Appellant, the McLean Lake Residents Association, successfully challenged the validity of a zoning bylaw on the basis that it contravened the City of Whitehorse’s Official Community Plan

22. September 2009 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Jurisdiction – Power to enact by-laws – Municipalities – By-laws – Validity – Planning and zoning – Judicial review – Compliance with legislation McLean Lake Residents Association v. Whitehorse (City), [2009] Y.J. No. 109, 2009 YKCA 11, Yukon Territory Court of Appeal, August 21, ...

The appeal by the Yellowknife Public Denominational District Education Authority (the “Board”) was dismissed where the court found that there was no statutory authority in the Northwest Territories, express or implied, requiring that a candidate for trustee of a Catholic public denominational school board be Catholic

24. February 2009 0
Administrative law – Decisions of administrative tribunals – School boards – Composition – Compliance with legislation – Human rights complaints – Religion – Legislation – Constitutional issues Yellowknife Public Denominational District Education Authority v. Euchner, [2008] N.W.T.J. No. 95, Northwest Territories Court of Appeal, December 12, 2008, C.A. Fraser C.J.N.W.T., C.M. Conrad and C. O’Brien ...