The right to free speech for regulated professionals in their personal time

15. December 2020 0
Administrative law – Decisions reviewed – Registered Nurses Association – Judicial review – Appeals – Standard of review – Correctness – Reasonableness – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Off-duty conduct – Human rights – Charter – Freedom of expression Strom v. Saskatchewan Registered Nurses’ Association, [2020] S.J. No. 370, ...

Supreme Court of Canada denies fracking opponent a claim for damages against the Alberta Energy Regulator

17. February 2017 0
Dismissal of claim Alberta Energy Regulator breached right of freedom of expression under s. 2(b) of the Charter and for Charter damages. Administrative law – Boards and tribunals – Charter of Rights and Freedoms – Charter relief – Freedom of expression – Human rights complaints – Jurisdiction to grant Charter remedies – Natural resources – ...

Decisions of university official regarding student group’s space booking privileges held not to be subject to Charter scrutiny

21. June 2016 0
The vice president of student affairs at the University of Victoria suspended a pro-life student group’s space booking privileges for a year after they violated his instruction not to proceed with a demonstration on campus. The group petitioned for a declaration that the decision was in violation of section 2 of the Charter. The Chambers ...

The Applicant applied for Judicial Review of the denial of his grievance to Correctional Service Canada in cancelling sexually explicit television channels

23. October 2015 0
Judicial review from decision of Correctional Service Canada denying grievance over cancellation of television channels containing sexually explicit content. Administrative law – Charter of Rights and Freedoms – Decisions of administrative tribunals – Freedom of expression – Grievances – Judicial Review – Prison Commissioner – Prisons – Procedural requirements and fairness – Sexual harassment Naraine ...

Enbridge Pipelines (“Enbridge”) applied to the National Energy (the “Board”) for approval of its pipeline expansion project. The Board granted approval on conditions, but the applicants sought judicial review of three interlocutory decisions made by the Board.

23. December 2014 0
Administrative law – Decisions of administrative tribunals – National Energy Board – Natural resources – Oil and gas – Environmental matters – Charter of Rights and Freedoms – Freedom of expression – Participatory rights – Judicial review – Application to participate in hearing – Standing – Compliance with legislation Forest Ethics Advocacy Assn. v. Canada ...

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 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 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 ...

Two students successfully sought judicial review for a decision made by the University of Calgary’s General Faculties Council Review Committee (“Review Committee”) that placed the applicants, twin brothers and undergraduate students at the University of Calgary (the “University”), on probation for non-academic misconduct for posting negative comments on Facebook about a professor. The Court found that the applicants s. 2(b) Charter rights to free expression were infringed by the decision and not justified under s. 1 of the Charter. The Court further found that the Review Committee’s reasons were inadequate as they did not disclose the rational for its decision but simply stated a conclusion.

23. November 2010 0
Administrative law – Decisions of administrative tribunals – University Committees – Universities – Student discipline – Charter of Rights and Freedoms – Freedom of expression – Internet – Social media – Judicial review – Failure to provide reasons Pridgen v. University of Calgary, [2010] A.J. No. 1181, 2010 ABQB 644, Alberta Court of Queen’s Bench, ...

The University of British Columbia Faculty Association (the “Association”) brought a grievance on behalf of a faculty member after the President of the University of British Columbia (“UBC”) decided not to recommend the member for promotion. The President gave the small number of publications in peer-reviewed journals as the justification for the negative decision. The matter went to arbitration, where the President’s decision was found to be unreasonable. The arbitrator held that the President failed to consider the quality of the faculty member’s innovative professional work and how his work was regarded by his peers. Under the collective agreement (Article 13.07(c)) between Association and UBC, when such a decision is found to be unreasonable, the Board shall “reverse” the decision. The arbitrator interpreted the word “reverse” to mean “revoke” or “annul”, and declined to remit the matter back to the President for reconsideration. The arbitrator substituted a decision to recommend the faculty member for promotion for the President’s decision.

26. June 2007 0
Administrative law – Universities – Evaluation of professors – Labour law – Arbitration – Collective agreements – Jurisdiction – Judicial review – Compliance with legislation – Interpretation of legislation – Standard of review – Patent unreasonableness – Correctness – Charter of Rights and Freedoms – Freedom of expression University of British Columbia v. University of British Columbia Faculty ...