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 ...

The Applicants were unsuccessful in seeking a judicial review of the Respondent Coroner’s decision to not allow cross-examination on a narrow issue that related solely to credibility

22. July 2014 0
Administrative law – Coroner’s inquest – Police officers – Investigations – Right to cross-examine – Judicial review application – Premature – Witnesses – Privileged communications Minty v. Lucas, [2014] O.J. No. 2579, 2014 ONSC 3169, Ontario Superior Court of Justice – Divisional Court, May 27, 2014, F.P. Kiteley, M.R. Dambrot and T.D. Ray JJ. The ...

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 ...

An application to stay a coroner’s inquest, pending determination of judicial review of coroner’s refusal to expand scope of inquest or grant leave for certain witness to be called, was dismissed

Administrative law – Decisions of administrative tribunals – Coroner’s inquest – Judicial review – Stay of proceedings Ontario (Provincial Advocate for Children and Youth) v. Anderson Inquest (Coroner of), [2011] O.J. No. 2521, 2011 ONSC 3354, Ontario Superior Court of Justice, June 3, 2011, Lederer J. Diane Anderson and two of her children died in ...

The Applicant Nishnawbe Aski Nation (“NAN”) was successful in obtaining a stay of the Inquest into the death of Reggie Bushie pending the determination of an Application for Judicial Review of decisions relating to the selection of the jury for the Inquest

Administrative law – Decisions of administrative tribunals – Coroner – Coroner’s inquest – Public interest – Judicial review – Compliance with legislation – Stay of proceedings – Jury selection – Witnesses – Aboriginal issues Nishnawbe Aski Nation v. Eden, [2009] O.J. No. 2458, Ontario Superior Court of Justice, May 29, 2009, A. Karakatsanis J. Reggie ...

The Committee for Justice for Otto Vass (“CJOV”) was unsuccessful in its application for judicial review of the decision of the Coroner, Dr. William Lucas, refusing it standing at a Coroner’s Inquest where the Court found that the Coroner had not erred in concluding that CJOV met neither the private law nor the public law test for standing

23. January 2007 0
Administrative law – Decisions of administrative tribunals – Coroner’s inquest – Judicial review – Parties – Standing – Test – Public interest – Bias Vass (Committee for Justice) v. Lucas, [2006] O.J. No. 4553, Ontario Superior Court of Justice, October 26, 2006, K.E. Swinton J Otto Vass died on August 9, 2000 after being restrained by police ...

Loblaws Supermarkets Ltd. (“Loblaws”) brought an application for a judicial review seeking an Order in the nature of prohibition preventing the Coroner from proceeding with an inquest into the death of Patrick Shand Jr. on the basis of unreasonable delay in commencing the inquest. The court dismissed the application, holding that Loblaws had not established that it would suffer significant prejudice if the hearing proceeded and that the delay was not inordinate and did not constitute an abuse of process.

Administrative law – Coroner’s inquest – Judicial review – Administrative tribunals – Delay – Stay of proceedings – Hearings – Unreasonable delay – Test Loblaws Supermarkets Ltd. v. Shand Inquest (Coroner of), [2004] O.J. No. 619, Ontario Superior Court of Justice, February 16, 2004, Swinton J. Patrick Shand Jr. died on September 14, 1999 while involved in ...