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.