Judicial Review Of Human Rights Cases – Recent Key Decisions

Prepared for the OBA 2013 Annual Human Rights Update

1. Introduction

The Canadian courts have continued to shape our evolving human rights jurisprudence. This paper is intended to provide context for other presenters, with the goal being to survey certain key cases decided during 2012 and 2013. As this overview will hopefully demonstrate, the courts have continued to be quite engaged with the approach being followed by tribunals as they continue to address both procedural and substantive aspects of human rights cases.

2. Johnstone: The Reasonableness Standard and Purposive Approach to Discrimination Protections

The recent decision of the Federal Court of Canada in Canada (Attorney General) v. Johnstone¹ provides helpful guidance about the appropriate standard of review with respect to the decisions of Canadian human rights tribunals. While the Johnstone decision focused on the topic of discrimination on the basis of family status as provided for under the Canad