Articles 2021

Aujourdʼhui
Aujourdʼhui

Federal Court of Appeal Overturns Finding that Designation of the United States as a Safe Third Party Country Violated Section 7 of the Charter

  • 13 juin 2021
  • Christopher Wirth, partner, Keel Cottrelle LLP

In The Minister of Citizenship and Immigration v. the Canadian Council for Refugees, 2021 FCA 72, the Federal Court of Appeal overturned the decision of the Federal Court (2020 FC 770), which had found that section 101(1)(e) of the Immigration Refugee Protection Act, S.C. 2001, c.27 (the “Act”) and section 159.3 of the Regulations under the Immigration and Refugee Protection Regulations, S.O.R./2002-227 (the “Regulations”), infringed section 7 of the Charter.

Droit administratif, Student Forum

Ontario Court of Appeal Finds Pay Equity Tribunal Unreasonable

  • 13 juin 2021
  • Ed Montigny

A recent decision from the Ontario Court of Appeal upheld the Divisional Court in its finding that a decision of the Pay Equity Tribunal, which found that continued the use of the proxy method to measure pay equity in the nursing home sector was not necessary, was not reasonable. However, a strong dissent signed by two of the Justice suggests this may not be the last word on the matter.

Droit administratif, Student Forum
Saba Ahmad

Interview with Vavilov lawyer, Hadayt Nazami

  • 18 février 2021
  • Saba Ahmad

One year ago, lawyer Hadayt Nazami won a landmark ruling from the Supreme Court in Vavilov v. Canada. In a candid interview, Nazami provides insights about the years-long saga behind his victory, securing his client's right to Canadian citizenship.

Droit administratif, Droit constitutionnel, libertés civiles et droits de la personne, Student Forum

Federal Court of Appeal Releases Decision Supportive of the Use of Jurisprudential Guides

  • 06 février 2021
  • Ed Montigny

This decision of the Federal Court of Appeal involved two applications for judicial review challenging the designation of four Jurisprudential Guides by the Chairperson of the Immigration and Refugee Board of Canada (IRB). This decision provides instructive analysis with respect to the use of jurisprudential guides.

Droit administratif, Student Forum

When Courts Consider Quality of Reasons: Association of Professional Engineers v Rew

  • 06 février 2021
  • Rachel Weiner

Association of Professional Engineers v Rew is an appeal to the Divisional Court by the Association of Professional Engineers of Ontario (the PEO) from a decision of a Discipline Panel of the PEO. This case demonstrates that quality of reasons can play an important role in determining whether an administrative decision should be upheld even where the reasons do permit review.

Droit administratif, Student Forum

Ontario Court of Appeal Affirms that University Discriminated by Relying Exclusively on Grades-based Admissions Standards Where Applicant’s Grades Resulted from Unaccommodated Disabilities

  • 06 février 2021
  • Anna Rosenbluth

In Longueépée v. University of Waterloo, 2020 ONCA 830, the Ontario Court of Appeal held that the University of Waterloo had discriminated against Roch Longueépée when it refused him admission on the basis of his previous grades, which were the result of undiagnosed and unaccommodated disabilities. This decision is significant not only for its contribution to human rights jurisprudence, but also for how it applies the administrative law principles set out by the Supreme Court in Vavilov.

Droit relatif à l’éducation, Student Forum

Right to Post? The Intersection of Professional Regulation, Social Media, and Freedom of Expression

  • 26 novembre 2020
  • Patricia Harper

This article examines a recent appeal of a professional regulation decision before the Court of Appeal of Saskatchewan, Strom v Saskatchewan Registered Nurses’ Association. This decision is noteworthy not only as a high-profile post-Vavilov decision in the context of professional regulation, but also as an illustration of the potential conflict between the regulation of a professional's "off-duty" conduct and the professional's right to freedom of expression under the Charter.

Droit administratif, Student Forum

Victory for Midwives as Divisional Court Dismisses Ontario’s Judicial Review Application

  • 08 juillet 2020
  • Saba Ahmad

Ontario’s midwives have won another round of litigation, in a pay equity saga stretching back almost a decade. Late last month, the Divisional Court rejected the province’s Judicial Review application of two decisions of the Human Rights Tribunal (“Tribunal”). This article summarizes the Divisional Court's decision.

Droit administratif, Droit constitutionnel, libertés civiles et droits de la personne, Student Forum

Schoelly v. College of Massage Therapists of Ontario, 2020 ONSC 1348

  • 05 mai 2020
  • Patricia Harper, partner, Keel Cottrelle LLP

This was an appeal of Jose Schoelly (“Mr. Schoelly” or the “Member”), a registered massage therapist, with respect to the outcome of discipline proceeding before a panel of the Discipline Committee of the College of Massage Therapists (“Discipline Committee” or the “Panel”).

Droit administratif, Student Forum