charter values
Reviewing Elected Decision-makers: Trinity Western University v The Law Society of Upper Canada, 2015 ONSC 4250
I am a little late to Trinity Western University v The Law Society of Upper Canada, 2015 ONSC 4250, the second in what is likely to become a lengthy string of judicial decisions on whether TWU’s law school should be accredited by Canada’s law societies. The first decision, favourable to TWU, came from Nova Scotia […] Read more
The Role of Charter Values: Taylor-Baptiste v. Ontario Public Service Employees Union, 2015 ONCA 495
In Taylor-Baptiste v. Ontario Public Service Employees Union, 2015 ONCA 495, the Ontario Court of Appeal tackled the role Charter values may play in the administrative process. At the centre of the case were two employees who worked in a prison. Taylor-Baptiste was the manager of Dvorak, who was also a union president. During a […] Read more
Soft Law and Religious Freedom: Ishaq v. Minister of Citizenship and Immigration, 2015 FC 156
Ishaq v. Minister of CItizenship and Immigration, 2015 FC 156 has received enormous media attention. The case touches on whether the government can require an applicant for Canadian citizenship to take off her niqab before she takes the oath of allegiance. Moreover, having lost at first instance, the federal government was very loud in announcing […] Read more
Considering Charter Values: Iacovelli v. College of Nurses of Ontario, 2014 ONSC 7267
As is well-known, the Supreme Court of Canada stated in Doré v. Barreau du Québec, [2012] 1 SCR 395 that administrative decision-makers must consider Charter values in the exercise of discretionary powers. However, this duty has recently been cast in very limited terms by a strong bench of Ontario’s Divisional Court in Iacovelli v. College […] Read more
Some Recent Scholarly Work on Doré v. Barreau du Québec
I have a long-standing interest in the Supreme Court of Canada’s decision in Doré v. Barreau du Québec, [2012] 1 SCR 395, 2012 SCC 12, in which the Court endorsed a deferential approach to administrative decisions infringing fundamental rights. See this paper, for example. One of the most intriguing issues post-Doré is what the Court […] Read more