Public Law not Applicable to Employment Contract

In Dunsmuir v. New Brunswick, [2008] 1 SCR 190, 2008 SCC 9 the Supreme Court of Canada found that employees working for a public agency or board have their employee rights, in the context of dismissal claims, governed by private law (employee contract) and not public law.  Recently in Chak v. Alberta (Human Rights Commission), 2017 ABCA 88 the Court of Appeal similarly found that public employees’ employment contracts govern the relationship; therefore employees are not able to a have a complaint about the termination of their employment judicially reviewed, but are able to sue for civil relief for wrongful dismissal.

Click here for summary.

 

Sufficiency of Reasons

In Stuber v. County of Barrhead No. 11 (Subdivision and Development Appeal Board), 2017 ABCA 52, the Court of Appeal put the reality of Newfoundland Nurses (SCC 2011) to work.  The Court used the record in this statutory appeal under the Municipal Government Act to find reasons sufficient.

Click here for summary.

Click here for case.

 

Joint Submissions on Penalty

In the recent case of R. v. Anthony-Cook, 2016 SCC 43, the Supreme Court of Canada definitively set out the test for courts to apply when they consider whether to accept a joint submission on penalty.  This case is important for administrative tribunals as the principles that apply to joint submissions in criminal law have been imported into the administrative law setting.

Click here for summary.