Canada Case Law

Moreau v. Canada (Office of the Commissionner of Official Languages)

Court

Federal Court of Appeal

The appeal was quashed because the Commissioner had no legal duty under the OLA or Federal Courts Rules to sign and return the French acknowledgement card, the Federal Court correctly concluded the Commissioner acknowledged receipt by bilingual email and offered to correspond in the appellant's preferred language, the Part III, V and VII allegations lacked a reasonable prospect of success or adequate factual pleading, and the appellant's affidavit was inadmissible on a motion to strike.

Source excerpt

• Jurisdiction
• Service of process
• Statutory interpretation
• Motions to strike
• Admissibility of affidavit
• Costs

Read case analysis

Jalbert v. Canada (Revenue Agency)

Court

Federal Court

The Federal Court dismissed Mr. Jalbert’s application under s. 77(1) of the Official Languages Act, finding the CRA’s bilingual staffing designations were objectively justified.

• Designation of bilingual positions
• Section 91 ola
• Language requirements
• Staffing processes
• Remedies and costs
• Official-languages-act

Read case analysis

Moreau v. Canada

Court

Federal Court

La Cour fédérale a accueilli en partie la motion de M. Moreau visant à modifier son recours sous l’art. 77 de la Loi sur les langues officielles, mais a retranché une demande de renvoi.

• Part vii official languages act
• Language training eligibility
• Motions to amend/strike
• Remedies under s.77
• Deference to administrative discretion
• Interaction of part v and part vii

Read case analysis

Thibodeau v. St. John’s International Airport Authority

Court

Federal Court

The Federal Court granted the Commissioner of Official Languages leave to intervene only on two statutory-interpretation issues, and awarded costs against him for an improper reply.

• Leave to intervene
• Interpretation of s.4 airports transfer (miscellaneous matters) act
• Definition of "travelling public" s.23 official languages act
• Remedies and damages s.77 official languages act
• Procedural impropriety in replies
• Award of costs

Read case analysis

Dionne v. Office of the Superintendent of Financial Institutions

Court

Federal Court

The Federal Court dismissed a judicial review about OSFI language-of-work duties, holding that specialists and generalists were team members, not service providers under s. 36(1)(a)(i).

• Language of work
• Bilingualism
• Staffing/merit principle
• Services definition
• Workplace accommodation
• Remedies

Read case analysis

Thibodeau v. Air Canada

Court

Federal Court

The Federal Court held that Air Canada’s statutory duty to ensure bilingual service was an obligation of result, found a breach of French-language rights, and deferred remedies and costs.

• Language rights
• Statutory interpretation
• Obligation of result v. obligation of means
• Standing
• Admissibility of similar complaints (s.79)
• Remedies under s.77(4) ola

Read case analysis

Péninsule acadienne (forum des maires) v. Canada (Food Inspection Agency)

Court

Federal Court

Judicial review of the transfer of four CFIA inspector positions from Shippagan to Shediac. The Court found official-languages obligations were not considered and set the decision aside.

• Part iv ola - services to the public
• Part vii ola - advancement of languages and consultation
• Remedies under s.18.1 federal court act and s.77 ola
• Role and weight of commissioner of official languages' report
• Judicial-review
• Official-languages-act

Read case analysis