Administrative

SCC Decision: May 8, 2008

Lake v. Canada (Minister of Justice), 2008 SCC 23
Click here to link to the full judgment. 
(Charter / Extradition / Mobility rights)
L was tried and convicted in Canada for trafficking crack cocaine.  The police investigation that led to his arrest involved investigations in Canada, but also involved L selling drugs to a Canadian undercover police officer in the U.S.  The U.S. sale was not one of the charges against L in Canada, and during sentencing, the Crown sought a lower sentence, anticipating L's eventual extradition to the U.S.  L was ordered extradited when his Canadian sentence was completed.  The Court held that the Minister's decision to extradite was reasonable, and should not be subject to judicial review.
Majority/Dissenting: 9/0

SCC Decision: March 28, 2008

Société de l'assurance automobile du Québec v. Cyr, 2008 SCC 13
Click here to link to the full judgment. 
(Administrative law / Procedural fairness)
SAAQ contracted with C's employer to run vehicle inspections.  C did not sign this contract, but was designated as an "accredited mechanic" in the contract.  C's accreditation was ultimately revoked by SAAQ, meaning that he could no longer work for his employer.  C and his employer applied to overturn the revocation, arguing that C was denied procedural fairness.  The majority held that C was not a party to the contract, but that he was entitled to procedural fairness under the relevant Quebec statute.
Majority/Dissent: 6/3

SCC Decision: March 7, 2008

Dunsmuir v. New Brunswick, 2008 SCC 9
Click here to link to the full judgment.
(Administrative law / procedural fairness / standard of review)
D’s employment with the Department of Justice for the Province of New Brunswick was terminated. D alleged that the employer’s actions in terminating him were without notice, due process or procedural fairness, and that the length of the notice period was inadequate. The Court held that D was not entitled to procedural fairness and that his relationship with his employer was governed by contract. The Court modified administrative law in Canada in a significant way by eliminating patent unreasonableness as a standard of review and declaring that there ought to be only two standards of review: correctness and reasonableness.  
Majority/Concurring/Concurring: 5/3/1

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