Canada v. Boloh 1(a)

JurisdictionFederal Jurisdiction (Canada)
CourtCourt of Appeal (Canada)
Neutral Citation2023 FCA 120
Citation2023 FCA 120
Docket NumberA-32-23
Date31 May 2023

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15 practice notes
  • R v. Qiyuk et al.
    • Canada
    • Nunavut Court of Appeal (Canada)
    • July 23, 2025
    ...written constitutional text but do not amend it by expansion or otherwise. It follows that, as Stratas JA wrote in Canada v Boloh 1(a), 2023 FCA 120 at paras 19-20, 25-27, 482 DLR (4th) 176 , leave denied [2023] SCCA No 313 (QL), the unwritten constitutional principles do not replace our v......
  • Singh Brar v. Canada (Public Safety and Emergency Preparedness)
    • Canada
    • Court of Appeal (Canada)
    • June 19, 2024
    ...paras. 8-18; Canadian Egg Marketing Agency v. Richardson, [1998] 3 S.C.R. 157, 166 D.L.R. (4th) 1 at paras. 49-92; Canada v. Boloh 1(a), 2023 FCA 120 at paras. 14-51. And there is reason to doubt the correctness of the Federal Court’s finding of a rights breach under s. 7 because of the hig......
  • Best Buy Canada Ltd. v. Canada (Border Services Agency)
    • Canada
    • Court of Appeal (Canada)
    • February 25, 2025
    ...must be open to serious question or is incontestably wrong. This promotes stability, a highly prized value: Canada v. Boloh 1(a), 2023 FCA 120 at para. 24. [5] Here, rather than working within the strictures of Miller, the appellant reargues the merits of Danby, going deeply into its reason......
  • Hunt v. Canada
    • Canada
    • Court of Appeal (Canada)
    • May 7, 2026
    ...the earlier cases. This is regrettable: R. v. Sullivan, 2022 SCC 19, [2022] 1 S.C.R. 460 (horizontal stare decisis); Canada v. Boloh 1(A), 2023 FCA 120, [2023] 2 F.C.R. 915 at para. 24 (the need for doctrinal stability, especially on fundamental points of law like this). Wilson must be take......
  • Get Started for Free
15 cases
  • R v. Qiyuk et al.
    • Canada
    • Nunavut Court of Appeal (Canada)
    • July 23, 2025
    ...written constitutional text but do not amend it by expansion or otherwise. It follows that, as Stratas JA wrote in Canada v Boloh 1(a), 2023 FCA 120 at paras 19-20, 25-27, 482 DLR (4th) 176 , leave denied [2023] SCCA No 313 (QL), the unwritten constitutional principles do not replace our v......
  • Singh Brar v. Canada (Public Safety and Emergency Preparedness)
    • Canada
    • Court of Appeal (Canada)
    • June 19, 2024
    ...paras. 8-18; Canadian Egg Marketing Agency v. Richardson, [1998] 3 S.C.R. 157, 166 D.L.R. (4th) 1 at paras. 49-92; Canada v. Boloh 1(a), 2023 FCA 120 at paras. 14-51. And there is reason to doubt the correctness of the Federal Court’s finding of a rights breach under s. 7 because of the hig......
  • Best Buy Canada Ltd. v. Canada (Border Services Agency)
    • Canada
    • Court of Appeal (Canada)
    • February 25, 2025
    ...must be open to serious question or is incontestably wrong. This promotes stability, a highly prized value: Canada v. Boloh 1(a), 2023 FCA 120 at para. 24. [5] Here, rather than working within the strictures of Miller, the appellant reargues the merits of Danby, going deeply into its reason......
  • Hunt v. Canada
    • Canada
    • Court of Appeal (Canada)
    • May 7, 2026
    ...the earlier cases. This is regrettable: R. v. Sullivan, 2022 SCC 19, [2022] 1 S.C.R. 460 (horizontal stare decisis); Canada v. Boloh 1(A), 2023 FCA 120, [2023] 2 F.C.R. 915 at para. 24 (the need for doctrinal stability, especially on fundamental points of law like this). Wilson must be take......
  • Get Started for Free