In Law Society of Saskatchewan v. Abrametz, 2022 SCC 29, the Supreme Court of Canada clarified the test for when administrative delay will amount to an abuse of process, and the circumstances when remedies short of a stay of proceedings will be appropriate. In doing so, the Court emphasized deference to professional regulators in their assessment of the relevant factors.
Supreme Court to Address Public Interest Standing
On April 1, 2021, the Supreme Court of Canada granted leave to appeal from the B.C. Court of Appeal judgment in Council of Canadians with Disabilities v. British Columbia (Attorney General), 2020 BCCA 241.
This case raises important issues around the test for public interest standing in complex constitutional cases, particularly where there are no individual claimants.
New, Simpler Rules for the Supreme Court of Canada
What Can BC Learn from Ontario's Human Rights Commission?
Written by: Reakash Walters, Summer Articled Student
For the first time in 17 years, BC will have a Human Rights Commissioner. On November 27, 2018 the BC Human Rights Code was amended to establish the position. Former West Coast LEAF Executive Director Kasari Govender was appointed as BC’s next Human Rights Commissioner on May 30 after the unanimous recommendation of a special committee to the Legislature. Ms. Govender’s term begins September 3, 2019 and she will hold the position for five years. As the regime to protect human rights in the province shifts, equality seekers may look to Ontario, whose human rights commissions has a similar mandate, to anticipate what to expect in BC.
Extricable Questions of Law Really Exist!
Written by: Sara Hanson
The Parent obo the Child v The School District, 2019 BCSC 659
A link to the decision can be found here.
Moore Edgar Lyster recently represented the successful parent in The Parent obo the Child v The School District, 2019 BCSC 659, in which the BC Supreme Court set aside a decision of the BC Human Rights Tribunal dismissing the parent’s human rights complaint after finding that it was filed outside the then six-month timeline under s. 22 of the BC Human Rights Code.