Canada v. Kattenburg

JurisdictionFederal Jurisdiction (Canada)
CourtCourt of Appeal (Canada)
Citation2020 FCA 164
Date06 October 2020

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36 practice notes
  • Table of cases
    • Canada
    • Irwin Books Using International Law in Canadian Courts. Third Edition
    • January 10, 2024
    ...486 Canada (Attorney General) v Hislop, 2007 SCC 10 ....................................... 489 Canada (Attorney General) v Kattenburg, 2020 FCA 164............................. 422 Canada (Attorney General) v Ward, [1993] 2 SCR 689 ................... 185 , 366, 392 Canada (Director of......
  • International law and administrative decisions
    • Canada
    • Irwin Books Using International Law in Canadian Courts. Third Edition
    • January 10, 2024
    ...18. For decisions of the Federal Court of Appeal appearing to approve this approach, see, e.g., Canada (Attorney General) v Kattenburg , 2020 FCA 164 at para 25 and Entertainment Software Association v Society of Composers, Authors and Music Publishers of Canada , 2020 FCA 100 at para 77. 9......
  • Canada v. Boloh 1(a)
    • Canada
    • Court of Appeal (Canada)
    • May 31, 2023
    ...plates on a buffet table from which we can take whatever we like and eat whatever we please”: Canada (Attorney General) v. Kattenburg, 2020 FCA 164 at para. 26. As well, different sources of international law have different value in the interpretive process: see generally 9147-0732 Québec I......
  • Fazel v Singer (Wilson Laycraft)
    • Canada
    • Court of Appeal (Alberta)
    • July 28, 2022
    ...the applicant’s position because the ultimate decision is what justice requires: compare Canada (Attorney General) v Kattenburg, 2020 FCA 164 at para 9(3), [2020] FCJ No. 965 (QL) leave denied [2020] SCCA No. 460 (QL) (SCC 39474); R v P(C), 2021 SCC 19 at para 137, 457 DLR (4th) Prej......
  • Get Started for Free
20 cases
  • Fazel v Singer (Wilson Laycraft)
    • Canada
    • Court of Appeal (Alberta)
    • July 28, 2022
    ...the applicant’s position because the ultimate decision is what justice requires: compare Canada (Attorney General) v Kattenburg, 2020 FCA 164 at para 9(3), [2020] FCJ No. 965 (QL) leave denied [2020] SCCA No. 460 (QL) (SCC 39474); R v P(C), 2021 SCC 19 at para 137, 457 DLR (4th) Prej......
  • Canada (Attorney General) v. Stevan Utah
    • Canada
    • Court of Appeal (Canada)
    • December 29, 2020
    ...at para. 121 (in the context of administrative decision-makers but equally applicable to judges); Canada (Attorney General) v. Kattenburg, 2020 FCA 164 at paras. 24-26. Judges are only unelected lawyers who happen to hold a judicial commission. They have no right to smuggle into the task of......
  • Hughes v. Canada (Human Rights Commission)
    • Canada
    • Federal Court (Canada)
    • October 20, 2020
    ...Court cannot try to track them down as public documents, for example by looking on the Internet: Canada (Attorney General) v Kattenburg, 2020 FCA 164 (Stratas, JA), at para 32. Apart from being improper to do so, there would be no affidavit before the Court to identify the documents as the ......
  • Right to Life Association of Toronto v. Canada (Employment, Workforce and Labour)
    • Canada
    • Court of Appeal (Canada)
    • April 21, 2022
    ...by working in and elaborating on the criterion of usefulness that is central to Rule 109: Canada (Attorney General) v. Kattenburg, 2020 FCA 164 and Canadian Council for Refugees. The most recent case, Canadian Council for Refugees, collects all the various strands in our jurisprudence—inclu......
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1 firm's commentaries
2 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books Using International Law in Canadian Courts. Third Edition
    • January 10, 2024
    ...486 Canada (Attorney General) v Hislop, 2007 SCC 10 ....................................... 489 Canada (Attorney General) v Kattenburg, 2020 FCA 164............................. 422 Canada (Attorney General) v Ward, [1993] 2 SCR 689 ................... 185 , 366, 392 Canada (Director of......
  • International law and administrative decisions
    • Canada
    • Irwin Books Using International Law in Canadian Courts. Third Edition
    • January 10, 2024
    ...18. For decisions of the Federal Court of Appeal appearing to approve this approach, see, e.g., Canada (Attorney General) v Kattenburg , 2020 FCA 164 at para 25 and Entertainment Software Association v Society of Composers, Authors and Music Publishers of Canada , 2020 FCA 100 at para 77. 9......