Court of Appeal finds gathering & events public health orders justified under Charter

17. January 2023 0
Administrative law – Decisions reviewed – Health authorities – Ministerial orders – Judicial review – Appeals – Compliance with legislation – Standard of review – Reasonableness – Correctness – Human rights complaints – Religion – Charter of Rights and Freedoms – Freedom of religion – Physicians and surgeons Beaudoin v. British Columbia, [2022] B.C.J. No. ...

Freedom of religion not engaged in small-scale hydroelectric project

Administrative law – Decisions reviewed – Ministry of Forests – Permits and licences – Judicial review – Appeals – Standard of review – Reasonableness – Charter of Rights and Freedoms – Freedom of Religion Redmond v. British Columbia (Forests, Lands, Natural Resource Operations and Rural Development), [2022] B.C.J. No. 289, 2022 BCCA 72, British Columbia ...

Court rules public health order banning indoor religious gatherings are a justified infringement on Charter rights to freedom of religion and expression

20. April 2021 0
Administrative law – Decisions reviewed – Health authorities – Ministerial orders – Judicial review – Compliance with legislation – Standard of review – Reasonableness – Human rights complaints – Religion – Charter of Rights and Freedoms – Freedom of religion – Physicians and surgeons – Health authorities Beaudoin v. British Columbia, [2021] B.C.J. No. 551, ...

The Appellants (several physicians and physician groups in Ontario) were unsuccessful in appealing a decision of the Divisional Court. The Appellants had applied to the Divisional Court to challenge the constitutionality of policies enacted by the Respondent, College of Physicians and Surgeons of Ontario, which required physicians to provide an “effective referral” when they had a religious objection to providing a medical service (e.g. abortion, medical assistance in dying, etc.).

Administrative law – Charter of Rights and Freedoms – Freedom of Religion – Human rights complaints – Discrimination – Judicial review – Appeals – Physicians and surgeons – Statutory provisions – Public interest Christian Medical and Dental Society of Canada v. College of Physicians and Surgeons of Ontario, [2019] O.J. No. 2515, 2019 ONCA 393, Ontario Court ...

Decisions of law societies not to accredit proposed law school at Trinity Western University reasonable

21. August 2018 0
Administrative law – Decisions reviewed – Law Societies – Charter of Rights and Freedoms – Freedom of Religion – Judicial review – Appeals – Standard of Review – Reasonableness Law Society of British Columbia v. Trinity Western University and Trinity Western University v. Law Society of Upper Canada, [2018] S.C.J. No. 32 and [2018] S.C.J. No. 33, ...

The College’s policies that require physicians to provide an effective referral in cases where the physician is unwilling to provide elements of care on religious grounds are an infringement on some physicians’ religious freedoms, but the infringements are justified because the objectives of the policies are of sufficient importance

20. March 2018 0
Administrative law – Charter of Rights and Freedoms – Freedom of Religion – Human rights complaints – Judicial review – Standard of review – Correctness – Physicians and surgeons – Statutory provisions – Public interest The Christian Medical and Dental Society of Canada v. College of Physicians and Surgeons of Ontario, [2018] O.J. No. 505, ...

BC Law Society’s decision not to approve Trinity Western University’s law school unreasonable

20. December 2016 0
BC Court of Appeal found the Law Society’s decision not to approve Trinity Western University’s law school was unreasonable because it limited the right to freedom of religion in a disproportionate way. Administrative law – Admission to profession – Barristers and solicitors – Charter of Rights and Freedoms – Decisions of administrative tribunals – Freedom ...

Appeal from dismissal of claim against public school board for breach of freedom of religious expression in relation to proselytizing on school grounds

23. October 2015 0
Appeal from dismissal of claim against public school board for breach of freedom of religious expression in relation to proselytizing on school grounds. Administrative law – Charter of Rights and Freedoms – Compliance with legislation – Decisions of administrative tribunals – Discrimination – Freedom of Religion – Human Rights – Judicial Review – Parental Rights ...

Trinity Western University applied for judicial review after the Law Society denied their application for accreditation as a Law School

21. August 2015 0
After the Law Society Benchers denied Trinity Western University’s (‘TWU’) application for the accreditation of its proposed law school, TWU applied for judicial review, arguing in part that the Law Society should only have considered whether the school could produce competent lawyers, and not broader public interest factors, when making the decision. The court held ...

The appellant Loyola High School successfully appealed a decision of the respondent Minister of Education, Recreation and Sports. Loyola had been refused for an exemption so it had to implement a mandatory program on ethics and religious culture

Administrative law – Decisions of administrative tribunals – Ministerial orders – Judicial review – Schools and school boards – Charter of Rights and Freedoms – Freedom of Religion Loyola High School v. Quebec (Attorney General), [2015] S.C.J No. 12, 2015 SCC 12, Supreme Court of Canada, March 19, 2015, McLachlin C.J. and LeBel, Abella, Rothstein, ...