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The court held that daily hearing fees were unconstitutional as applied to Indigenous plaintiffs pursuing s. 35(1) treaty rights at trial, and read the fee rule down accordingly.
The Supreme Court of Canada extended by four months the suspension of invalidity in Carter, exempted Quebec from that extension, and allowed limited interim applications for assisted dying relief.
Section 170.2 of IRPA expressly removes the RPD's jurisdiction to reopen claims or consider breaches of natural justice for matters finally determined by the Refugee Appeal Division or the Federal Court; accordingly the RPD lacks jurisdiction to consider the s.7 Charter challenge or to reopen this file, and the application to reopen is dismissed.
Source excerpt
The Court of Appeal stayed the declarations of invalidity by consent but refused to stay Gloria Taylor’s constitutional exemption pending appeal.
Federal Court held the applicants were ineligible to file a second refugee claim while subject to a removal order, and dismissed judicial review.
La Cour suprême rejette l’appel et maintient la peine minimale obligatoire de quatre ans pour l’homicide involontaire coupable commis avec une arme à feu.
The Federal Court dismissed Mahmoud Jaballah’s request for a constitutional exemption from IRPA s. 84(2)’s 120-day waiting period for a detention review.
The Federal Court held it lacked jurisdiction to continue a s.83 IRPA detention review after a security certificate was found reasonable, and ordered further submissions on a possible s.84(2) constitutional exemption.
The British Columbia Court of Appeal considered whether a mandatory four-year sentence for manslaughter with a firearm was constitutional, and whether a prior conditional sentence could be varied on appeal.
Crown appeal on sentence. The Court of Appeal considered whether the four-year minimum for manslaughter with a firearm was grossly disproportionate and whether credit for conditional custody should count.
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