J. C. Major

The appellants, minority language parents in Edmonton, sought declarations that their rights under s. 23 of the Charter entitled them to management and control of a minority-language school.

The Supreme Court of Canada held that s. 23 guarantees a sliding scale of rights, which includes a measure of management and control where numbers warrant.

The Court found that the numbers of minority language students in Edmonton warranted minority representation on the existing school board with exclusive authority over aspects of education pertaining to minority language and culture.

The Court also held that Regulation 490/82, requiring 300 minutes of English instruction per week, infringed s. 23 and was not saved by s. 1.

The appellants appealed a decision of the Federal Court of Appeal regarding the role of interveners before the Competition Tribunal.

The Supreme Court of Canada dismissed the appeal, with Lamer J. dissenting.

The majority adopted the reasons of the Federal Court of Appeal, holding that interveners may participate fully in the proceedings.

The appellant orthopedic surgeon performed a disc operation on the respondent.

Following complications, a second operation by a different surgeon revealed extruded disc material, and the respondent was left with permanent disabilities.

The respondent sued for negligence and battery, alleging a lack of informed consent because the appellant did not disclose that it was his first such operation in private practice, nor did he detail the possible risks.

The Supreme Court of Canada held that a surgeon is not obligated to disclose their specific level of experience if they are fully qualified, nor are they required to disclose mere possible risks inherent in any operation unless specifically asked.

The appeal was allowed and the action dismissed.