The Appellants unsuccessfully appealed Court of Appeal judgments concerning their motion for declaratory judgments that a decision to deny their children exemptions from a class concerning ethics and religious culture constituted an infringement on their freedom of conscience and religion

Administrative law – Decisions of administrative tribunals – School boards – Charter of Rights and Freedoms – Freedom of Religion – Schools – Parental rights – Judicial review – Mootness S.L. v. Commision scolaire des Chênes, [2012] S.C.J. No. 7, 2012 SCC 7, Supreme Court of Canada, February 17, 2012, McLachlin C.J. and Binnie, LeBel, ...

The application by a group of students for an injunction pending the hearing of their application for judicial review of a decision of the respondent District School Board of Niagara (the “Board”) to close the Niagara District Secondary School (“NDSS”) was dismissed where the Court found that the delay in bringing the injunction application was too great and this was not a strong case where an injunction would be rightly granted

23. November 2010 0
Administrative law – Decisions of administrative tribunals – School boards – Schools and School boards – Closures – Judicial review – Delay – Remedies – Injunctions – Test Friends of Niagara District Secondary School v. Niagara District School Board, [2010] O.J. No. 3932, 2010 ONSC 4756, Ontario Superior Court of Justice, September 9, 2010, L.K. ...

The court awarded damages for mental distress after a student was unfairly expelled from a private school in Calgary

26. October 2010 0
Administrative law – Decisions of administrative tribunals – School boards – Expulsion of students – Judicial review – Procedural requirements and fairness – Natural justice – Evidence – Remedies – Damages – Mental distress J.O. v. Strathcona – Tweedsmuir School, [2010] A.J. No. 994, 2010 ABQB 559, Alberta Court of Queen’s Bench, September 2, 2010, ...

The Kawartha Pine Ridge District School Board (the “School Board”) was unsuccessful on application for judicial review of the Child and Family Services Review Board’s decision to quash the School Board’s decision expelling a student who had smoked marijuana

Administrative law – Decisions of administrative tribunals – School prinicipal – School boards – Schools – Suspension of students – Judicial review – Compliance with legislation – Mootness – Standard of review – Reasonableness simpliciter Kawartha Pine Ridge District School Board v. Grant, [2010] O.J. No. 1093, 2010 ONSC 1205, Ontario Superior Court of Justice, ...

The Applicant Town’s application for judicial review was dismissed in respect of the process followed by the Respondent School District when it relied on two specific reports and recommended closure of a school in the Applicant’s area

Administrative law – Decisions of administrative tribunals – School boards – Statutory powers – Policies – Schools – Closures – Judicial review – Compliance with legislation – Procedural requirements and fairness – Natural justice Georgetown (Town) v. Eastern School District, [2009] P.E.I.J. No. 25, Prince Edward Island Supreme Court, May 21, 2009, W.D. Cheverie J. ...

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 ...

A decision of the Minister of Education removing the authority from a School Board members for unprofessional conduct was highly discretionary and fact-based. Such a decision was to be reviewed on a standard of reasonableness. As long as it fell within the possible range of reasonable outcomes, the decision should not be overturned on judicial review.

26. August 2008 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – School boards – Powers and duties – Code of ethics – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter – Human rights – Charter of Rights and Freedoms Nova Scotia v. Nova Scotia (Minister of Education), [2008] N.S.J. No. ...

The application by a group of parents with children attending at Wilcox School for an interlocutory mandatory injuction preventing and restraining the Board of Education (the “Board”) from acting upon a resolution to close the Wilcox Public School was dismissed where the Court found that the Applicants had not established a strong prima facie case

27. October 2007 0
Administrative law – Decisions of administrative tribunals – School boards – Schools – Closures – Parental rights – Judicial review – Procedural requirements and fairness – Remedies – Injunctions Metz v. Saskatchewan Board of Education of the Prairie Valley School Division No. 208, [2007] S.J. No. 454, Saskatchewan Court of Queen’s Bench, July 26, 2007, ...

The father of a student (“Martin”) applied unsuccessfully for Judicial Review of a decision by the School Board that had banned him from the school premises

24. April 2007 0
Administrative law – Decisions of administrative tribunals – School boards – Powers and duties – Parental rights – Judicial review – Jurisdiction – Standard of review – Reasonableness simpliciter Martin v. Conseil des Ecoles Catholiques de Langue Francaise du Centre-Est, [2006] O.J. No. 5349, Ontario Superior Court of Justice – Divisional Court, January 16, 2006, P.F. ...

The Supreme Court of Canada held that a decision by the Council of Commissioners of the School Board prohibiting a Sikh student from wearing a kirpan to school infringed freedom of religion guaranteed by section 2(a) of the Canadian Charter of Rights and Freedoms.

Administrative law – Human rights – Charter of Rights and Freedoms – Freedom of Religion – Decisions of administrative tribunals – School boards – Powers and duties Multani v. Commission scolaire Marguerite-Bourgeoys, [2006] S.C.J. No. 6, Supreme Court of Canada, March 2, 2006, McLachlin C.J. and Major*, Bastarache, Binnie, LeBel, Deschamps, Fish, Abella and Charron JJ. ...