Christine Campbell

Appeal concerning the scope of corrective powers conferred on the Youth Division of the Court of Québec under s. 91 para. 4 of the Youth Protection Act, which empowers the tribunal to order the correction of a situation where a child's rights have been encroached upon during social intervention.

The Court held that the tribunal's mandate is to render individualized and particularized justice based solely on the interests and rights of the child whose situation has been referred to it, and that preventive corrective measures are valid only if: the child is at risk of the encroachment recurring; the measure can effectively help prevent recurrence; and the measure is related to protecting the interests and rights of that specific child.

The Court further confirmed that the tribunal also holds a non-binding power of recommendation anchored in the text, scheme, and object of the YPA.

Since the young person had reached the age of majority and was no longer subject to social intervention, no corrective order was made.

The United Mexican States applied to set aside a partial arbitral award on jurisdiction in a NAFTA Chapter 11 investor-state dispute.

The applicant argued the arbitral tribunal lacked jurisdiction because certain claimants failed to provide a timely notice of intent under Article 1119 and failed to provide proper consent under Article 1121.

The Superior Court of Justice dismissed the application, finding the tribunal was correct in concluding that the procedural defects related to admissibility rather than jurisdiction, and that the applicant's consent to arbitrate was not conditioned on strict compliance with Article 1119.

The court also found no jurisdictional error in the tribunal's treatment of submissions from the USA and Canada.