The dialogue over the role that Charter values should play in administrative and judicial reasoning continues to expand and evolve. In one of my entries for TheCourt.ca last year, I assessed how the recent decision of the Ontario Court of Appeal (“ONCA”) in Gehl v Canada (Attorney General), 2017 ONCA 319 [Gehl] fits into this larger debate. […]
On December 21st, 2017, the Supreme Court released its decision in R v Boutilier, 2017 SCC 64 [Boutilier], which deals with a constitutional challenge to the dangerous offender scheme in the Criminal Code, RSC 1985, c C-46 [the Code]. This post will discuss the case and offer insight into its importance. In particular, the post […]
In Association of Justice Counsel v Canada (Attorney General), 2017 SCC 55 [Association of Justice Counsel] the Supreme Court of Canada ("SCC") elaborated on the relationship between the provisions of reasons and the reasonableness standard of review.
On December 15th 2017, the Supreme Court released its decision in British Columbia Human Rights Tribunal v Schrenk, 2017 SCC 62 [Schrenk], which deals with the question of whether discrimination “regarding employment” can ever be perpetrated by someone other than the complainant’s employer or superior in the workplace. The following post will discuss the case […]
Does an owner of a garage owe a duty of care to teenagers who steal and drive the garage’s serviced cars? On October 5, 2017, the Supreme Court of Canada (“SCC”) heard submissions on this unusual question in the case of James Chadwick Rankin cob Rankin’s Garage & Sales v JJ by his Litigation Guardian, […]