Decision-maker admits reasons were inadequate and gets to try again: Association for Reformed Political Action Canada v. Hamilton (City of), 2023 ONSC 6443 (Div Ct)

Facts: In March 2021, the Applicants sought to post an advertisement on the City of Hamilton’s buses that identified an unborn fetus as a person. The City of Hamilton replied by email saying that the ad was inaccurate and that the ad “would need to be revised so as to not reflect personhood in relation […]

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Robust reasonableness review concludes regulations went beyond enabling legislation: Responsible Plastic Use Coalition v. Canada (Environment and Climate Change), 2023 FC 1511

Facts: The Federal Government sought to address the growing issue of plastic pollution due to the negative effects on the environment and human health. The Governor-in-Council added “Plastic Manufactured Items” (“PMI”) to the list of toxic substances in Schedule 1 of the Canadian Environmental Protection Act, 1999. At the time, s. 90(1) of CEPA permitted […]

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Limited appeal rights and availability of judicial review: Georgopoulos v Alberta (Appeals Commission for Alberta Workers' Compensation), 2023 ABCA 285

Facts:  G suffered a workplace injury. The Workers’ Compensation Board found that injury to be compensable and determined his compensation rate, permanent clinical impairment rating, and disability status. G appealed the compensation decision to the Board’s internal Dispute Resolution and Decision Review Body. Still unsatisfied, G appealed again to the external Appeals Commission. The Commission […]

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Constitutional questions regarding tribunal’s territorial jurisdiction reviewed for correctness: Sharp v. Autorité des marchés financiers, 2023 SCC 29

The Facts: The Appellants, four British Columbia residents were alleged to have improperly manipulated the price of stock in contravention of the Quebec Securities Act. Specifically, they allegedly engaged in a “pump and dump” scheme in relation to the shares of Solo International Inc. (“Solo”). This scheme is alleged to have injured investors, including investors […]

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Robust conception of Doré framework is here to stay: Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territories (Education, Culture and Employment), 2023 SCC 31

Facts: Five sets of parents living in the Northwest Territories wished to enrol their children in one of the Territory’s two French language schools. None of the parents had a constitutional right under s. 23 of the Charter to have their children educated in French. As a result, they were required to request that the […]

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Reasonableness review requires responsive justification and reasons-first approach: Mason v Canada (Citizenship and Immigration), 2023 SCC 21

Facts:  Section 34(1)(e) of the Immigration and Refugee Protection Act (“IRPA”) states that permanent residents or foreign nationals are “inadmissible on security grounds” for “engaging in acts of violence that would or might endanger the lives or safety of persons in Canada.” M and D are both foreign nationals.  M was previously charged with two […]

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Failure to abide by statutory panel composition requirements or explain departure from them: Law Society of Ontario v Schulz, 2023 ONSC 3943 (Div Ct)

Facts:  S was a lawyer licensed by the Law Society of Ontario (“LSO”). After S was convicted of possession of child pornography, the LSO sought to revoke his license on the basis that his actions were unbecoming of a licensee.  The registrar appointed a panel of the Law Society Discipline Tribunal to hear the matter. […]

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The limits of free expression for regulated professionals: Peterson v College of Psychologists of Ontario, 2023 ONSC 4685 (Div Ct)

Facts:  Dr. P is a well-known public figure and author who often wades in on controversial political and social issues.  He is also a psychologist and a registered member of the College of Psychologists of Ontario.   Since at least 2018, the College has received complaints about Dr. P’s public statements.  In March 2020, following […]

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Ministerial discretion in tension with the will of the legislature: Canada Christian College and School of Graduate Theological Studies v. Post-Secondary Education Quality Assessment Board, 2023 ONCA 544

Facts: In 2020, the legislature passed a bill giving Canada Christian College and School of Graduate Theological Studies (CCC) the right to call itself a university and the power to grant degrees. Schedule 2 provided that the legislation would come “into force on a day to be named by proclamation of the Lieutenant Governor”. The […]

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High bar for finding regulations unconstitutional due to vagueness or overbreadth: Covant v. College of Veterinarians of Ontario, 2023 ONCA 564

Facts:  C, a veterinarian, ran a sub-distribution operation whereby veterinary drugs were re-sold to human pharmacies. After a complaint by a drug distributor, a panel of the Discipline Committee of the College of Veterinarians found that C’s conduct constituted professional misconduct, as it was contrary to a newly amended regulation which restricted such re-sales to […]

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Key Issues

Co-Editors

Justin Safayeni, Q.Arb

Spencer Bass

For more information about the issues and cases covered in this edition of the newsletter, or to find out more about our firm’s administrative and regulatory law practice, please contact Justin Safayeni, Spencer Bass, or another lawyer at the firm.