scope of judicial review
Extra Time at the Divisional Court: the Wide Net of Judicial Review
Readers may remember my post late last year on an Ontario case refusing judicial review of a school’s decision to expel a student, with the knock-on consequence that the student was unable to graduate: Setia v. Appleby College, 2013 ONCA 753. They may also be interested in suggesting how one can reconcile that case with […] Read more
Governmental Contracting, Procedural Fairness and Fundamental Freedoms
As a general rule, governments cannot and should not be required to fund speech or activities with which they do not agree. An organization committed to perpetuating inequalities between men and women, or which decries homosexuality as sinful, can lawfully be shunned. But should such an organization, especially one which previously received government funding, be […] Read more
A Schooling on the Scope of Judicial Review
The applicant in Setia v. Appleby College, 2013 ONCA 753 was expelled from a private school for smoking pot.The school had a Code of Conduct which provides that smoking or drug possession may result in expulsion and a Lighting of Substances policy which provides for automatic expulsion. The Code also provided, however, for procedural protections, […] Read more