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28 Feb 2024, 2:53 pm
But, as Bastarache J. states for the majority of the Supreme Court in Canadian Liberty Net, “Many federal Acts do not provide for the exercise of administrative decision-making authority. [read post]
20 Jun 2023, 6:29 am
Preamble This post is the sixth of a series considering three major issues under the Canadian Charter of Rights and Freedoms: the impact of how the Supreme Court of Canada (SCC) has defined rights; the relationship between rights; and the relationship between guarantees of rights and freedoms and section 1 of the Charter. [read post]
30 May 2023, 11:19 am
Preamble This post is the fourth of a series considering three major issues under the Canadian Charter of Rights and Freedoms: the impact of how the Supreme Court of Canada (SCC) has defined rights; the relationship between rights; and the relationship between guarantees of rights and freedoms and section 1 of the Charter. [read post]
23 May 2023, 7:11 am
(Harper, Bastarache J., para. 67; citation omitted; emphasis added) Citing the Saskatchewan Electoral Boundaries case, Bastarache J. adopted McLachlin J. [read post]
16 May 2023, 11:43 am
Preamble This post is the second of a series considering three major issues under the Canadian Charter of Rights and Freedoms: the impact of how the Supreme Court of Canada (SCC) has defined rights; the relationship between rights; and the relationship between guarantees of rights and freedoms and section 1 of the Charter. [read post]
10 May 2023, 3:43 pm
Other important appellate jurisprudence has come in recent times, for example, from Justices Abella, Bastarache, Rothstein, Rowe, Nadon, and Stratas - none of whom had a background as IP litigators. [read post]
8 Mar 2023, 4:00 am
By the time the case reached the Supreme Court, for the majority, Justices Bastarache and Arbour presented it as though there was equality in bargaining power and mutualized conflict, referring to the “degree of animosity” between the parties (Miglin, para 19). [read post]
24 Aug 2022, 4:00 am
” In 2021, the University of Ottawa enlisted Michel Bastarache to chair a committee on academic freedom. [read post]
28 Sep 2021, 4:54 pm
Justice Bastarache wrote in dissent for himself and two other judges and Binnie J. also dissented (the latter on the basis of contract, which I do not consider here). [read post]
24 Aug 2021, 2:32 pm
INTRODUCTION The Supreme Court of Canada in Fraser concluded that, with the minor adjustment of reading in an additional provision, the Ontario Agricultural Employees Protection Act (“AEPA”) is constitutional. [read post]
29 Apr 2021, 4:00 am
Similarly, in Miglin, Justices Bastarache and Arbour held that: [74] … Negotiations in the family law context of separation or divorce are conducted in a unique environment. [read post]
27 Apr 2021, 12:36 pm
In 2000, in an article in the UNB Law Journal (Vol. 49, 169) about section 33, entitled “Section 33 of the Charter: What’s the Problem, Anyway? [read post]
22 Nov 2020, 4:44 pm
After conducting interviews with members of the RCMP, Bastarache noted that the RCMP environment was heavily sexualized. [read post]
10 Sep 2020, 4:00 am
The kind of prejudice that might offend public’s sense of decency and fairness was touched on in Blencoe, where Justice Bastarache, writing for the majority, referred to the psychological harm or stigma affecting a person’s reputation resulting from an inordinate delay that might contribute to an abuse of process. [read post]
14 Jan 2020, 5:42 pm
(Dunsmuir, Bastarache and LeBel JJ., para. 43) Bastarache and LeBel JJ. concluded that reasonableness and patently unreasonable should be collapsed into a reasonableness standard, which recognized that there might be more than one possible acceptable outcomes (Dunsmuir, Bastarache and LeBel JJ., para. 47). [read post]
10 Dec 2019, 7:01 am
Justice Bastarache, speaking for two other of the dissenting judges, took a more restrictive view, stating, “a claimant must prove that the conduct or practice to which he or she to have freedom of religion apply is in fact based on a precept of his or her religion. [read post]
1 Jun 2017, 4:00 am
Thank you to Gregory Werker, Xavier Beauchap-Tremblay and Rachelle Bastarache for giving me feedback on this column. [read post]
30 Jan 2017, 12:09 pm
The tentative settlement agreement will be administered by the Honourable Michele Bastarache, retired Supreme Court of Canada justice. [read post]
5 May 2015, 1:38 pm
At the hearing, Justice Bastarache asked the parties whether they had read the French version of the federal statute at the heart of the dispute. [read post]
28 Jan 2015, 3:18 pm
" "Their former colleague Michel Bastarache described LeBel as industrious and thorough, but agreeable and extremely cultivated. 'His intellectual curiosity is boundless,' said Bastarache. 'He has more than 2,000 books at home, which he has actually read — they’re not decorations like they are for a lot of people. [read post]
