Equality
Feher v Canada: Strike Three Against the “Safe Country” List in Canada's Refugee Law
Until late March 2019, when Justice Keith Boswell struck down s.112(2)(b.1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA], refugee claimants from certain “designated” countries were required to wait for two years longer compared to all other refugee claimants for a risk assessment of their removal from Canada. Two weeks ago in Feher v […]
Delta Air Lines v Lukács: SCC Considers Boundaries of Public Interest Standing
How and when should public interest standing be established before an administrative agency? This is the question at the heart of the Supreme Court of Canada’s ("SCC") recent decision in Delta Air Lines Inc v Lukács, 2018 SCC 2 [Delta]. The matter arose after Dr. Gábor Lukács, an "air passenger rights advocate," filed a complaint […]
Against Unfounding: Sexual Assault Investigation & A Proposed Class Action Against Police
This post discusses the constitutional challenge recently brought by sexual assault complainant Ava Williams against the London, ON Police Services (“LPS”). The applicant alleges that the police force engaged in gender-based discrimination contrary to Charter section 15 for relying on stereotypes about gender and sexual assault complainants while investigating her case, resulting in her claim […]
On Administrative Law and Braces: Shiner v Canada
Every so often, a legal dispute--not (yet) at the Supreme Court, but winding its way through the system--captures the attention of the Canadian public. When this happens, it is not because of the specific legal issue posed and addressed (although obviously this is a component), but because the specific facts of the case attract a […]
A Web of Instinct: Kahkewistahaw First Nation v Taypotat
Kahkewistahaw First Nation v Taypotat, 2015 SCC 30, is the Supreme Court of Canada’s ("SCC") most recent decision on equality. Coming in at a brief 35 paragraphs, this decision does not alter the law of section 15 of the Charter in any substantial way. Using the test laid out in Quebec v A, [2013] 1 SCR 61, Justice Abella […]