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The Federal Court granted summary judgment on a Stage I common issue about on-reserve housing, finding Canada owed fiduciary and care duties and that Charter rights were engaged, but not section 36.
The Federal Court erred as a matter of law in concluding that an application for judicial review could not be brought in the absence of an underlying administrative decision; accordingly, the appeal is allowed, the Federal Court judgment is set aside, and the matter is remitted to the Federal Court for determination on the remaining issues including the Charter challenge.
Source excerpt
The applications judge had jurisdiction to order protective measures but committed reversible error: the ex parte order was procedurally defective (open‑ended, lacked required return date and notice) and the AP Act does not authorize long‑term detention during the investigative phase absent emergency warrant procedure; the denial of procedural fairness rendered the continued detention unlawful, so habeas corpus relief would be warranted.
Source excerpt
The Supreme Court of Canada struck down federal voting restrictions that barred citizens abroad for five years or more from voting, finding them unjustified under s. 1.
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