Catherine A. Lawrence

The Court dismissed the appeal and upheld decisions finding that complaints challenging Indian Act registration provisions were bare attacks on legislation, not discrimination in the provision of services under s. 5 of the Canadian Human Rights Act.

The Tribunal’s dismissal was upheld because legislation itself is not a service under that provision.

The Court allowed the appeal in part in a labour grievance over mandatory after-hour standby duties for federal immigration lawyers.

The majority held the adjudicator reasonably found the directive was not a fair and reasonable exercise of management rights under the collective agreement, so that portion of the adjudicator’s order was restored.

However, the Court agreed the directive did not infringe section 7 liberty interests, because the impacts on personal time did not engage fundamental personal choices protected by the Charter.

The appellants challenged the legality of the Federal Child Support Guidelines through judicial review in the Federal Court.

The Supreme Court held that provincial superior courts can address the validity of the Guidelines when necessary in proceedings properly before them, and that the Federal Court reasonably exercised its discretion to decline judicial review because that route was not appropriate in the circumstances.

The appeal was dismissed, with concurring reasons cautioning against treating the case as a definitive ruling on exclusive federal jurisdiction to invalidate all federal regulations on administrative grounds.