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The Supreme Court of Canada dismissed Quebec’s appeal over an electoral map law, holding the Act to interrupt the electoral division delimitation process was not minimally impairing under s. 1.
Bill 178 ended an Ontario college strike and sent unresolved issues to binding arbitration. The Court of Appeal held the law limited s. 2(d) but was justified under s. 1.
The absolute ban on outdoor peaceful assembly in effect from April 17, 2021 to May 22, 2021 violated s.2(c) and was not demonstrably justified under s.1 because Ontario failed to show the ban was minimally impairing or that it had considered reasonably tailored exceptions for peaceful political assembly, rendering the limit disproportionate in effect to its public health benefits.
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The Federal Court of Appeal upheld the Specific Claims Tribunal: on the record the 1960 surrender was not an exploitative or improvident bargain from the Band’s perspective, the Band had an adequate understanding of the terms, there were no tainted dealings or failure of disclosure that vitiated consent, the duty of minimal impairment does not apply to consensual surrenders in the same way as expropriations, and there was no breach of procedural fairness; the application for judicial review was dismissed with costs.
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The court struck down s. 486.4(3) of the Criminal Code as an unjustified breach of freedom of expression and granted the applicants a Charter exemption.
British Columbia Court of Appeal considered whether a rail right of way over reserve land remained actually required for railway purposes and whether reversion had been triggered.
Cowichan Tribes’ application to intervene in a railway right-of-way appeal was dismissed because it lacked a broad representative base and its submissions duplicated the appellant’s.
The Court allowed the judicial review: the SCT’s decision was unreasonable because it failed to apply the fiduciary duty principle of minimal impairment, inadequately considered less invasive alternatives (easement, leasing, smaller taking, replacement land) and improperly relied on presumed provincial intransigence to excuse Canada’s fiduciary obligations; the matter is remitted to the Tribunal for redetermination with directions to analyze those alternatives and the historical record.
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The court partly granted discovery relief in an Aboriginal title case, requiring answers to selected interrogatories and some document production, while protecting confidential negotiation details.
The College's effective referral requirements do infringe s.2(a) freedom of religion because they impose more than a trivial burden on some objecting physicians, but the infringement is a reasonable limit demonstrably justified under s.1: the policy pursues the pressing and substantial objective of equitable patient access, is rationally connected to that objective, is minimally impairing within a range of reasonable alternatives given vulnerable patients' needs, and the salutary effects outweigh the deleterious effects.
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