Canada Case Law

Elmalki v. Canada

Court

Federal Court of Appeal

Appellants lacked standing to bring the appeal as individual class members because they did not invoke any individual issue under Rule 334.31(1) and did not seek court authorization under Rule 334.31(2) to exercise the representative plaintiffs' appeal rights; therefore their notice of appeal should be struck/withdrawn under Rule 74 and the file closed. The Court need not decide timeliness.

Source excerpt

• Standing
• Leave to appeal
• Notice of appeal timeliness
• Approval of settlement
• Opt-out rights
• Language rights

Read case analysis

R. v. Zhang

Court

Supreme Court of British Columbia

The court dismissed Mr. Zhang’s appeal, upholding his conviction for using an electronic device while driving and finding no reversible interpreter error.

• Use of electronic device while operating a vehicle
• Credibility and appellate deference
• Right to interpreter under s.14 charter
• Reasonableness review under s.686 criminal code
• New evidence on appeal
• Credibility-appellate-deference

Read case analysis

Bisaillon v. British Columbia (Superintendent of Motor Vehicles)

Court

Supreme Court of British Columbia

Judicial review of a 90-day driving prohibition was dismissed. The court found the Superintendent’s decision reasonable and rejected the claim to a French-speaking officer.

• Standard of review
• Credibility assessment
• Automatic roadside prohibition
• Right to second breath test
• Procedural fairness
• Statutory interpretation

Read case analysis

TB5-01322

Court

Refugee Appeal Division

The interpreter's affidavit and corrected transcript were not reasonably available at the RPD hearing and therefore admissible under s.110(4); the demonstrated interpretation errors materially impaired the male appellant's ability to tell his story and resulted in a denial of natural justice. Accordingly the RAD allowed the appeal and, pursuant to s.111(1)(c) IRPA, referred the matter to the RPD for re-determination by a differently‑constituted panel (with directions for proper interpretation and consideration of state protection).

Source excerpt

• Refugee protection
• Admissibility of fresh evidence (s.110(4) irpa)
• Standard of appellate review by rad
• Quality of interpretation and right to interpreter
• Natural justice/denial of fairness
• State protection

Read case analysis

Boubacar v. Canada (Minister of Citizenship and Immigration)

Court

Federal Court

The Federal Court granted a stay of removal, finding a serious issue about the right to make a refugee claim, irreparable harm, and the balance of convenience.

• Stay of removal
• Pre-removal risk assessment
• Official languages act
• Irreparable harm
• Balance of convenience
• Right to make refugee claim

Read case analysis