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Summaries Sunday: Maritime Law Book

Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.

This week’s summaries concern:
Civil Rights – Indians, Inuit and Métis – Injunctions – Courts – Education

P.S. v. Ontario et al. 2014 ONCA 900
Civil Rights – Persons of Unsound Mind – Practice
Summary: The applicant was convicted of sexual assault of a young boy and sentenced to 45 months in prison. On the day he was released from serving his sentence, he was involuntarily committed under the Mental Health Act (MHA) to a maximum security facility, where he had remained for 19 years with no apparent end to the committal in sight. The applicant was deaf and had limited access to interpreters throughout his …

Nunatsiavut Government v. Newfoundland and Labrador (Minister of Environment and Conservation) 2015 NLTD(G) 1
Indians, Inuit and Métis
Summary: The Province of Newfoundland and Labrador issued a Permit to Alter a Body of Water under the Water Resources Act respecting the Muskrat Falls hydroelectric development authorizing the construction of infrastructure. The Nunatsiavut Government, representing the Inuit of Labrador, expressed fears that their rights, primarily fishing and related consumption, would be harmed by mercury contamination in water downstream of the development. The Nunatsiavut Government applied to quash the permit, asserting a breach of the duty to …

Mounted Police Association of Ontario et al. v. Canada (Attorney General) 2015 SCC 1
Civil Rights – Courts
Summary: Two police associations, on behalf of their members, commenced a Charter application, challenging the validity of certain provisions governing the labour relations regime for members of the Royal Canadian Mounted Police (RCMP). The associations sought a declaration, inter alia, that s. 2(1)(d) of the Public Service Labour Relations Act (Can.) (PSLRA), and s. 96 of the Royal Canadian Mounted Police Regulations (Regulations), infringed s. 2(d) the Charter (i.e., the freedom of association). Section 2(1)(d) of the …

Meredith et al. v. Canada (Attorney General) 2015 SCC 2
Civil Rights
Summary: The Treasury Board approved a modification to the Royal Canadian Mounted Police (RCMP) compensation package that it had approved in 2008. The modification cancelled the market adjustment for 2009, reduced the economic increase from 2% to 1.5% for 2009 and 2010, and cancelled the increase to the service pay. Thereafter, the Expenditure Restraint Act (ERA) was tabled giving effect to the Board’s decision. The applicants, representing members of the RCMP, applied for judicial review of the Board’s decision, …

Commission Scolaire Francophone et al. v. Northwest Territories (Attorney General) et al. 2015 NWTCA 1
Civil Rights – Education
Summary: The Northwest Territories Attorney General and Commissioner (the defendants) appealed a trial decision (a) ordering them to construct more minority language school facilities, and (b) declaring unconstitutional the Minister’s directive on admissions to the minority language school (see [2012] Northwest Terr. Cases Uned. 44). This appeal engaged the unique question of the scope of government’s discretion regarding admission to the French first language school in Hay River, École Boréale, and the constitutionality of a Ministerial Directive …

Association des parents ayants droit de Yellowknife et al. v. Northwest Territories (Attorney General) et al. 2015 NWTCA 2
Civil Rights – Education – Evidence – Practice
Summary: Minority language education had been provided in Yellowknife, N.W.T., since 1989. A separate school (École Allain St-Cyr (EAS)) was built in 1999. In 2003, the Commission scolaire concluded that the facilities were inadequate and commenced discussions with the territorial government for increased space. In 2005, the plaintiffs brought an action, alleging that not only were the school facilities less than ideal, they fell below the minimum constitutional requirement for minority language educational …

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