Redlin, Graham, Christou, Leadbeater and Mak v. Governors of University of Alberta, Hohol and Alberta (Minister of Advanced Education), (1980) 23 A.R. 31 (CA)

• Judge: Lieberman, Haddad and Morrow, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: March 18, 1980
• Citations: (1980), 23 A.R. 31 (CA)

Redlin v. Alta. Univ. (1980), 23 A.R. 31 (CA)

MLB headnote and full text

Redlin, Graham, Christou and Leadbeater on behalf of the members of the Federation of Alberta Students and Mak v. Governors of the University of Alberta and Hohol, Minister of Advanced Education

(12833)

Indexed As: Redlin, Graham, Christou, Leadbeater and Mak v. Governors of University of Alberta, Hohol and Alberta (Minister of Advanced Education)

Alberta Court of Appeal

Lieberman, Haddad and Morrow, JJ.A.

March 18, 1980.

Summary:

This case arose out of the plaintiff's action for a declaration that a resolution of the University of Alberta was ultra vires. Under the Universities Act, R.S.A. 1970, c. 378, s. 15(1)(e), the University of Alberta sought to impose higher tuition fees on foreign students than on Canadian ones. The resolution was attacked on the ground that it was ultra vires as an infringement on the federal power over aliens and was discriminatory contrary to the Alberta Bill of Rights. The Alberta District Court in a judgment reported at paragraphs 32 to 60 below dismissed the action and held that the imposition of higher fees on foreign students was intra vires the University and that the consideration of national origin as a factor in fee structure was reasonable and fair. The plaintiffs appealed.

The Alberta Court of Appeal dismissed the appeal and affirmed the judgment of the District Court.

Civil Rights - Topic 7004

Provincial legislation - General - Application of legislation - The Alberta Court of Appeal held that the Alberta Bill of Rights, S.A. 1972, c. 1, was inapplicable to an allegation of discrimination on the basis of national origin, where the University of Alberta sought to apply higher tuition fees to foreign students than to Canadian ones - The Court of Appeal held that the attendance by foreign students at the University of Alberta was a privilege and not a right protected by the Bill of Rights - See paragraphs 17 to 24.

Constitutional Law - Topic 9584

Education - Universities - Extent of provincial power - Under the Universities Act, R.S.A. 1970, c. 378, s. 15 (1)(e), the University of Alberta imposed higher tuition fees on foreign students than on Canadian ones - The University's action was attacked on the ground that it was an unconstitutional infringement on the federal jurisdiction over aliens under s. 91 (25) of the British North America Act - The Alberta Court of Appeal held that the imposition of higher fees on foreign students did not infringe upon the federal jurisdiction over aliens, but was a matter within the provincial jurisdiction over education under s. 93 of the British North America Act and was intra vires - See paragraphs 6 to 16.

Education - Topic 4083

Universities - Powers - Exercise of - Discrimination - Under the Universities Act, R.S.A. 1970, c. 378, s. 15 (1)(e), the University of Alberta imposed higher tuition fees on foreign students than on Canadian ones - The University's action was attacked on the ground that it was discriminatory - The Alberta Court of Appeal held that the discrimination against foreign students in tuition fees was proper, because it was reasonable for the University to impose higher fees on foreign students - See paragraphs 25 to 29 and 41 to 60.

Cases Noticed:

Union Colliery v. Bryden, [1899] A.C. 580, consd. [para. 8].

Cunningham and Attorney General for British Columbia v. Tomey Homma et al., [1903] A.C. 151, consd. [para. 11].

Morgan v. Attorney General for Prince Edward Island (1975), 5 N.R. 455; 7 Nfld. & P.E.I.R. 537; 3 A.P.R. 537; 55 D.L.R.(3d) 527, consd. [para. 12].

Re Minister of Revenue for Ontario and Hola (1977), 18 O.R.(2d) 88, consd. [para. 13].

Re Dickenson and Law Society of Alberta (1978), 10 A.R. 120; 84 D.L.R.(3d) 189, consd. [para. 14].

R. v. Governor of Pentorville Prison, [1973] 2 All E.R. 741, consd. [para. 21].

Cronan v. Immigration Appeal Board, [1973] 3 I.A.C. 43, consd. [para. 21].

Attorney General of Canada v. Lavell (1973), 38 A.L.R.(3d) 481, consd. [para. 23].

Canard Estate v. A.G. of Canada (1975), 4 N.R. 91; 52 D.L.R.(3d) 548, consd. [para. 45].

R. v. Burnshine (1974), 2 N.R. 53; 15 C.C.C.(2d) 505, consd. [para. 45].

Prata v. The Minister of Manpower and Immigration (1975), 3 N.R. 384; 52 D.L.R.(3d) 383, consd. [para. 45].

Johns v. Redeker, 406 F.(2d) 878, appld. [para. 47].

Calgary v. Kressge, 51 W.W.R.(N.S.) 734, consd. [para. 48].

London etc. v. London, [1892] 3 Ch. 342, consd. [para. 48].

R. v. Knott, [1944] 3 D.L.R. 726, consd. [para. 48].

A.G. Can. v. Toronto, 23 S.C.R. 514, consd. [para. 48].

Re Shops Regulation of North Vancouver, [1972] 2 W.W.R. 625, consd. [para. 48].

Chastain v. B.C. Hydro, [1973] 2 W.W.R. 481, consd. [para. 48].

A.G. v. Leeds, [1929] 2 Ch. 291, consd. [para. 48].

Kruse v. Johnson, [1898] 2 Q.B. 91, appld. [para. 48].

Sydney Municipal Council v. Campbell, [1925] A.C. 338, consd. [para. 48].

Pichette v. Barrister Society of New Brunswick (1977), 21 N.B.R.(2d) 42; 37 A.P.R. 42; 85 D.L.R.(3d) 30, appld. [para. 51].

Jones v. Gilbert (1886), 5 S.C.R. 356, consd. [para. 53].

R. v. Bell (1977), 15 O.R.(2d) 425, consd. [para. 53].

St. David's College Lampeter v. Minister of Education, [1951] 1 Ch. D. 559, consd. [para. 58].

Statutes Noticed:

Alberta Bill of Rights, S.A. 1972, c. 1, sect. 1 [para. 18].

British North America Act, 1867, sect. 91(25) [para. 7]; sect. 92(13), sect. 93 [para. 16].

Universities Act, R.S.A. 1970, c. 378, sect. 15(1)(e) [paras. 25, 37]; sect. 15(2) [para. 56].

Counsel:

G.S.D. Wright, for the appellants;

N. Steed, for Attorney General of Alberta;

A.P. Hnatuik, for Bert Hohol, Minister of Advanced Education;

C.P. Clarke, for the Board.

This case was heard before LIEBERMAN, HADDAD and MORROW, JJ.A., of the Alberta Court of Appeal.

On March 18, 1980, MORROW, J.A., delivered the following judgment for the Court of Appeal: