The appellant challenged a finding on a statutory appeal that a letter to the editor did not constitute hate speech. The Court of Appeal dismissed the appeal, finding that the letter to the editor was on a matter of public interest and, even if offensive, did not constitute hate speech and was protected as expression of opinion.

27. November 2012 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human Rights complaints – Sexual orientation – Charter of Rights and Freedoms – Freedom of expression – Judicial review – Compliance with legislation – Evidence – Standard of review – Correctness Lund v. Boissoin, [2012] A.J. No. 1036, 2012 ABCA 300, Alberta Court ...

The Federal Court of Appeal held that there was nothing in the Canadian Wheat Board Act (“CWBA”) which suggested that the federal government fettered the authority of the Minister of Agriculture to introduce and recommend legislation to repeal the substantive provisions of the CWBA or the Marketing Freedom for Grain Farmers Act itself

28. August 2012 0
Administrative law – Decisions of administrative tribunals – Ministerial – Canadian Wheat Board – Natural resources – Agriculture – Government – Legislation – Judicial review –  Compliance with legislation –  Statutory interpretation – Standard of review – Correctness – Remedies – Declaratory relief  Friends of the Canadian Wheat Board v. Canada (Attorney General), [2012] F.C.J. ...

The Appellants, Rogers Communications Inc. and other online music service providers, appealed the Copyright Board’s decision, which created a tariff for the online streaming of music. The Appellants argued that offering streaming music was not “communicating to the public” for the purposes of the Copyright Act. The Respondent Society of Composers, Authors, and Music Publishers of Canada successfully contested the appeal.

28. August 2012 0
Administrative law – Decisions of administrative tribunals – Copyright Board – Intellectual property – Streaming music – Communication to the public – definition – Judicial review – Compliance with legislation – Standard of review – Correctness – Reasonableness simpliciter Rogers Communications Inc. v. Society of Composers, Authors and Music Publishers of Canada, [2012] S.C.J. No. ...

The Court of Appeal dismissed the University of Calgary’s appeal from a judicial review decision quashing disciplinary findings and sanctions against students found by the University to have conducted non-academic misconduct by posting comments about their professor on a Facebook wall. While the Court of Appeal unanimously upheld the Chambers judge’s decision to quash the Review Committee’s decision, the Court issued three separate concurring judgments, with the lead judgment revisiting the Supreme Court of Canada’s 1990 decision in McKinney v. University of Guelph, [1990] 3 SCR 229, and concluding that McKinney does not always preclude the application of the Charter to universities. In this circumstance, the lead judgment found that the Charter applied to university discipline and the students’ rights had been breached. The other two concurring judgments found it unnecessary to analyze the applicability of the Charter.

26. June 2012 0
Administrative law – Decisions of administrative tribunals – University Committees – Universities – Student discipline – Internet – Social media – Charter of Rights and Freedoms – Freedom of expression – Judicial review – Procedural requirements and fairness – Failure to provide reasons – Compliance with legislation – Standard of review – Correctness – Reasonableness ...

The Petitioner painter appealed a BC Human Rights Tribunal decision wherein she successfully proved discrimination on the part of her employer, the Respondent school district. The appeal related to certain remedies not ordered by the Tribunal. The Court allowed the appeal in part and ordered the Tribunal to reconsider the quantum of damages relating to the Petitioner’s lost wages.

22. May 2012 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Employment law – Remuneration – Remedies – Damages – Human rights complaints – Sexual harassment – Judicial review – Standard of review – Correctness J.J. v. School District No. 43 (Coquitlam), [2012] B.C.J. No. 710, 2012 BCSC 523, British Columbia Supreme Court, April 12, 2012, P.D. ...

The Supreme Court of Canada upheld the reprimand of a lawyer who had written an inflammatory letter to a judge, despite the acknowledged limitation such a sanction placed on his expressive rights under the Charter.

22. May 2012 0
Administrative law – Decisions of administrative tribunals – Law Societies – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Human rights complaints – Charter of Rights and Freedoms – Freedom of expression – Validity of legislation – Judicial review – Jurisdiction – Standard of review –  Reasonableness simpliciter –  Correctness Doré v. Barreau ...

The appeal by a union from a decision overturning a Chambers judge’s decision to set aside an arbitrator’s decision due to insufficient reasons was dismissed where the Court found that the arbitrator’s decision was reasonable and the reasons allowed a reviewing Court to understand why the tribunal had made its decision and permitted it to determine whether the conclusion was within the range of acceptable outcomes

25. January 2012 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Arbitration Board – Labour law – Collective agreements – Arbitration – Benefits – Judicial review – Natural justice – Procedural requirements and fairness – Failure to provide reasons – Standard of review – Reasonableness simpliciter – Correctness Newfoundland and Labrador Nurses’ Union ...

The Supreme Court of Canada allowed an appeal by appellant Nor-Man Regional Health Authority from the Manitoba Court of Appeal and determined that an arbitral award applying equitable remedies was not an aspect of the award that fell outside of the protected zone of deference. As a general rule, reasonableness was the standard of review governing arbitral awards under collective agreements. The arbitrator’s imposition of estoppel in this case was not unreasonable. The arbitrator’s decision that the union was barred from grieving the employer’s decision due to its long-standing acquiescence and the reasons given were transparent, intelligible and coherent. The appeal was allowed and the arbitrator’s award was restored.

25. January 2012 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Arbitration Board – Labour law – Arbitration – Collective agreements – Benefits – Judicial review – Standard of review – Reasonableness simpliciter – Correctness – Equitable remedies – Promissory estoppel Nor-Man Regional Health Authority Inc. v. Manitoba Association of Health Care Professionals, ...

The respondent registrant appealed a College decision to the Health Professions Appeal Review Board (“HPARB”) and made a complaint to the Ontario Human Rights Commission about the College’s decision. The HPARB upheld the College’s decision and the College then applied to the Ontario Human Rights Tribunal to have her complaint dismissed. The Tribunal refused to dismiss it and the College applied for judicial review and obtained an order quashing the Tribunal’s decision.

27. December 2011 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Human Rights Tribunal – Nurses – Disciplinary proceedings – Public interest – Human rights complaints – Discrimination – Disability – Duty to accommodate – Judicial review – Appeals – Investigations – Standard of review – Correctness – Compliance with legislation – Privative clauses ...

The Appellant Chief of Police successfully appealed the Respondent Law Enforcement Review Board’s decision that it had jurisdiction to review the Chief of Police’s decision to take no further action in respect of a complaint

27. December 2011 0
Administrative law – Decisions of administrative tribunals – Police Commission – Law Enforcement Review Board – Jurisdiction – Police – Disciplinary proceedings – Judicial review – Investigations – Standard of review – Correctness – Compliance with legislation Edmonton Police Service v Alberta (Law Enforcement Review Board), [2011] A.J. No. 1117, 2011 ABCA 288, Alberta Court of ...