Canada Case Law

Nanaimo (City) v. Mema

Court

British Columbia Court of Appeal

The Tribunal's finding that race and colour were factors in the City's decisions to suspend and terminate Mema was reasonable and supported by the evidentiary record; the chambers judge correctly dismissed the petition for judicial review and this Court will dismiss the appeal, deferring to the Tribunal's factual inferences and concluding any minor factual error was not material to the result.

Source excerpt

• Racial discrimination
• Judicial review
• Standard of review
• Causation in discrimination claims
• Reliance on third‑party complaints

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Ahmed v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed a judicial review of a CRA staffing recourse decision, finding the Individual Feedback process fair and the ineligibility ruling reasonable.

• Individual feedback (if)
• Staffing recourse
• Procedures for recourse on staffing
• Reasonableness standard
• Procedural fairness
• Bias/reasonable apprehension of bias

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Celebi v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court granted judicial review of a PRRA refusal, finding procedural unfairness and unreasonableness in the officer’s treatment of corroboration, credibility, and country evidence.

• Pre-removal risk assessment
• Procedural fairness
• Credibility
• Country conditions evidence
• Remittal
• Pre-removal-risk-assessment

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Akemaru v. Vancouver Community College

Court

Supreme Court of British Columbia

The petition was struck because the substantive discrimination complaints fall within the exclusive jurisdiction of the British Columbia Human Rights Tribunal and cannot be the subject of common‑law judicial review, and the remaining challenged acts (the interim Feedback Response and internal Investigation Findings) were internal, non‑state, and non‑final administrative actions not amenable to judicial review; accordingly the petition disclosed no reasonable claim and constituted an abuse of process under Rule 9-5.

Source excerpt

• Rule 9-5 striking pleadings
• Jurisdiction of human rights tribunal
• Duty to accommodate
• Procedural fairness
• State‑action requirement for judicial review
• Abuse of process

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Ibrahim v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed a judicial review seeking to stop removal until a spousal sponsorship was decided and to compel a decision by mandamus.

• Spousal sponsorship
• Mandamus
• Declaratory relief
• Pre-removal risk assessment
• Charter section 24
• Spousal-sponsorship

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Fazio v. Altus Business Consultants Limited

Court

Federal Court

The Federal Court dismissed Marie Pia Fazio’s appeal from an Associate Judge’s Rule 74 order removing her claim from the court file for lack of jurisdiction and no viable cause of action.

• Rule 74 dismissal/removal of claim
• Ito jurisdiction test
• Ownership presumption s.13(3) copyright act
• Federal vs provincial jurisdiction
• Pleading sufficiency for ip claims
• Proportionality in case management

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Ashby c. Agence Parcs Canada

Court

Federal Court

La Cour fédérale accueille partiellement le contrôle judiciaire de Mme Ashby, jugeant déraisonnable le refus de la Commission des droits de la personne de statuer sur sa plainte.

• Judicial review
• Tribunal jurisdiction
• Exhaustion of internal remedies
• Harassment and discrimination
• Union membership/status
• Judicial-review

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Borden v. Royal Canadian Mounted Police

Court

Canadian Human Rights Tribunal

The Tribunal dismissed a CHRA complaint against the RCMP, finding the officers who reported the matter were municipal police seconded to CFSEU-BC, not RCMP members or agents.

• Discrimination
• Racial profiling
• Accommodation
• Jurisdiction
• Vicarious liability
• Secondment

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Bird v. Canada (Indigenous Services)

Court

Federal Court

The Federal Court held that section 12.02 of the Canoe Lake Cree First Nation Citizenship Law violated section 15, was not saved by sections 25 or 1, and was of no force or effect.

• Section 15 charter (equality)
• Section 25 charter (collective rights)
• Section 1 charter (oakes justification)
• Section 35(4) constitution act 1982
• First nation membership/citizenship
• Exhaustion of administrative remedies

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Adeniran v. Canada (Citizenship and Immigration)

Court

Federal Court

Judicial review of an RPD refugee decision was dismissed. The Court found the RPD reasonably accommodated the applicant’s PTSD and reasonably made adverse credibility findings.

• Credibility assessment
• Procedural fairness
• Vulnerable person accommodations
• No credible basis finding
• Judicial review standard of review
• Admission of late evidence

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