Canada (Canadian Human Rights Commission) v. Canada (Attorney General)

Judgment Cited authorities (74) Cited in (271) Precedent Map Related
JurisdictionFederal Jurisdiction (Canada)
CourtSupreme Court (Canada)
JudgeMcLachlin, Beverley; Abella, Rosalie Silberman; Moldaver, Michael J.; Karakatsanis, Andromache; Wagner, Richard; Gascon, Clément; Côté, Suzanne; Brown, Russell; Rowe, Malcolm
Citation2018 SCC 31
Docket Number37208
Date14 June 2018

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317 practice notes
  • Nova Scotia (Attorney General) v. S&D Smith Central Supplies Limited
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • March 26, 2019
    ...of Upper Canada, 2018 SCC 27, paras. 45-47. [56] Recently, in Canada (Canadian Human Rights Commission) v. Canada (Attorney General), 2018 SCC 31, at paras. 45-47, Justice Gascon for the majority said that contextual analysis may overcome this presumption of reasonableness only “occasionall......
  • Auer v. Auer
    • Canada
    • Supreme Court (Canada)
    • November 8, 2024
    ...Compensation Appeal Tribunal), 2018 SCC 22, [2018] 1 S.C.R. 635; Canada (Canadian Human Rights Commission) v. Canada (Attorney General), 2018 SCC 31, [2018] 2 S.C.R. 230; Catalyst Paper Corp. v. North Cowichan (District), 2012 SCC 2, [2012] 1 S.C.R. 5; United Taxi Drivers’ Fellowship of Sou......
  • Canada Post Corp. v. Canadian Union of Postal Workers
    • Canada
    • Supreme Court (Canada)
    • December 20, 2019
    ...66; Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190; Canada (Canadian Human Rights Commission) v. Canada (Attorney General), 2018 SCC 31, [2018] 2 S.C.R. 230; Delta Air Lines Inc. v. Lukács, 2018 SCC 2, [2018] 1 S.C.R. 6; Newfoundland and Labrador Nurses’ Union v. Newfoundland an......
  • Court Of Appeal Summaries (June 23-27, 2025)
    • Canada
    • Mondaq Canada
    • July 2, 2025
    ...R. v. Kirkpatrick, 2022 SCC 33 , Canada v. Craig, 2012 SCC 43 , Canada (Canadian Human Rights Commission) v. Canada (Attorney General), 2018 SCC 31, Chaoulli v. Quebec (Attorney General), 2005 SCC 35 , Irwin Toy Ltd. v. Quebec (Attorney General), [1989] 1 S.C.R. 927 , Winnipeg Child and......
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255 cases
  • Canada Post Corp. v. Canadian Union of Postal Workers
    • Canada
    • Supreme Court (Canada)
    • December 20, 2019
    ...66; Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190; Canada (Canadian Human Rights Commission) v. Canada (Attorney General), 2018 SCC 31, [2018] 2 S.C.R. 230; Delta Air Lines Inc. v. Lukács, 2018 SCC 2, [2018] 1 S.C.R. 6; Newfoundland and Labrador Nurses’ Union v. Newfoundland an......
  • Auer v. Auer
    • Canada
    • Supreme Court (Canada)
    • November 8, 2024
    ...Compensation Appeal Tribunal), 2018 SCC 22, [2018] 1 S.C.R. 635; Canada (Canadian Human Rights Commission) v. Canada (Attorney General), 2018 SCC 31, [2018] 2 S.C.R. 230; Catalyst Paper Corp. v. North Cowichan (District), 2012 SCC 2, [2012] 1 S.C.R. 5; United Taxi Drivers’ Fellowship of Sou......
  • Canada (Minister of Citizenship and Immigration) v. Vavilov
    • Canada
    • Supreme Court (Canada)
    • December 19, 2019
    ...Shopping Centres Ltd., 2016 SCC 47, [2016] 2 S.C.R. 293; Canada (Canadian Human Rights Commission) v. Canada (Attorney General), 2018 SCC 31, [2018] 2 S.C.R. 230; Wilson v. Atomic Energy of Canada Ltd., 2016 SCC 29, [2016] 1 S.C.R. 770; Canada (Attorney General) v. Bedford, 2013 SCC 72, [20......
  • Nova Scotia (Attorney General) v. S&D Smith Central Supplies Limited
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • March 26, 2019
    ...of Upper Canada, 2018 SCC 27, paras. 45-47. [56] Recently, in Canada (Canadian Human Rights Commission) v. Canada (Attorney General), 2018 SCC 31, at paras. 45-47, Justice Gascon for the majority said that contextual analysis may overcome this presumption of reasonableness only “occasionall......
    • Get Started for Free
7 firm's commentaries
  • Court Of Appeal Summaries (June 23-27, 2025)
    • Canada
    • Mondaq Canada
    • July 2, 2025
    ...R. v. Kirkpatrick, 2022 SCC 33 , Canada v. Craig, 2012 SCC 43 , Canada (Canadian Human Rights Commission) v. Canada (Attorney General), 2018 SCC 31, Chaoulli v. Quebec (Attorney General), 2005 SCC 35 , Irwin Toy Ltd. v. Quebec (Attorney General), [1989] 1 S.C.R. 927 , Winnipeg Child and......
  • The Past, Present, And (Potential) Future Of Privative Clauses
    • Canada
    • Mondaq Canada
    • December 19, 2025
    ...[Northback Holdings]. 6. Vavilov, 2019 SCC 65 at para 66 quoting Canada (Canadian Human Rights Commission) v. Canada (Attorney General), 2018 SCC 31 at para 7. Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 at para 52. 8. Altus Group Limited v Saskatchewan Assessme......
  • Ontario Court Provides A Helpful Primer On Judicial Intervention In Arbitration Awards In Canada
    • Canada
    • Mondaq Canada
    • March 15, 2019
    ...v. Ambatovy Minerals S.A., 2017 ONCA 939. 12 See FCA at para. 48, citing Canada (Human Rights Commission) v. Canada (Attorney General), 2018 SCC 31 at para. 13 See FCA at paras. 51-52. 14 FCA at para. 57, citing Smyth v. Perth & Smith Falls District Hospital, 2008 ONCA 794. 15 at para. ......
  • Why Canadian Courts Hesitate To Recognize 'True Questions Of Jurisdiction'
    • Canada
    • Mondaq Canada
    • March 27, 2019
    ...Canadian jurisprudence for some time. As recently as 2018, the Supreme Court of Canada in Canada (Human Rights Commission v. Canada (AG), 2018 SCC 31, noted that "true questions of jurisdiction" have been on "life support" and that the existence of this category of question has "long been A......
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5 books & journal articles
  • The Development of Quasi-constitutionality
    • Canada
    • Irwin Books Quasi-constitutional Laws of Canada
    • June 25, 2018
    ...40 [ Hendershott ]. 115 Ibid at para 45. 116 Ibid at para 51. 117 Canada (Canadian Human Rights Commission) v Canada (Attorney General) , 2018 SCC 31. 246 Quasi-constitutional Laws of Canada Quite aside from the analytical framework, the influence of the Charter over human rights legislatio......
  • Table of Cases
    • Canada
    • Irwin Books Quasi-constitutional Laws of Canada
    • June 25, 2018
    ...53 .........................................................11, 23 Canada (Canadian Human Rights Commission) v Canada (Attorney General), 2018 SCC 31 ...............................................55, 138, 245 Canada (Commissioner of Official Languages) v Canada (Department of Justice), [2......
  • The Broad, Liberal, and Purposive Interpretation of Quasi-constitutional Legislation
    • Canada
    • Irwin Books Quasi-constitutional Laws of Canada
    • June 25, 2018
    ...5 because they are undertaken by the ‘public service’ for the 177 Canada (Canadian Human Rights Commission) v Canada (Attorney General) , 2018 SCC 31 at para 57. 178 Beattie v Canada (Aboriginal Affairs and Northern Development) , 2014 CHRT 1. 179 Ibid at para 49. 180 Forward and Forward v ......
  • The Primacy of Quasi-constitutional Legislation
    • Canada
    • Irwin Books Quasi-constitutional Laws of Canada
    • June 25, 2018
    ...and regulations is not a service under the Code . 184 180 Canada (Canadian Human Rights Commission) v Canada (Attorney General), 2018 SCC 31 at paras 57 and 66. 181 The Newfoundland Court of Appeal in Human Rights Commission , above note 12 at para 38, stated: “A board of inquiry has no pow......
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