Human Rights Tribunals


Discrimination, Deference and Pluralism: Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Bombardier Inc. (Bombardier Aerospace Training Center), 2015 SCC 39

In my view, the Supreme Court of Canada’s commitment to deference is in tension with its institutional role as the country’s highest court. According deference to administrative decision-makers means favoring legal pluralism, permitting those decision-makers to put their own spin on rules of substantive and procedural law. But a court of final resort may feel […] Read more


Why Would Jurisdiction Be Concurrent? Another Thought on Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16

David Mullan’s comment on yesterday’s post prompts me to give (virtual) voice to a thought about the Supreme Court of Canada decision in Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16. Gascon J. reviewed the question of the scope of the state’s duty of religious neutrality on a standard of correctness — allowing him […] Read more