PUB2 101D1 Lecture Notes - Lecture 6: Louise Charron, Kirpan, Beverley Mclachlin

• School: McGill University
• Department: Public Law 2
• Course: PUB2 101D1
• Professor: Mark Walters

Document Summary

Slaight dichotomy: express authority to infringe (extradition) the legislation is subject to oakes. Imprecise discretion (slaight) the order is subject to oakes. Multani [2006]: charron j +4: full blown oakes test, admin law analysis is irrelevant, deschamps & abella jj: oakes test is unsuitable for individual decisions. The decision is unreasonable because it failed to accord weight to charter values: lebel j: holistic approach. In either case, any limit on his freedom of religion must meet the same requirements if it is to be found to be constitutional. In my opinion, consistency in the law can be maintained only by addressing the issue of justification under s. 1 regardless of whether what is in issue is the wording of the statute itself or its application. Normally, if a discretionary administrative decision is made by an adjudicator within his or her mandate, that decision is judicially reviewed for its reasonableness.