• Print
  • Administrative Law accounts for 21 out of 811 casebriefs.

Style of causeRatio

Ocean Port Hotel Ltd v British Columbia (General Manager, Liquor Control and Licensing Branch), 2001 SCC 52, [2001] 2 SCR 781

The sufficiency and structure of a tribunal’s independence is determined by statute and is generally not subject to the Charter requirement of judicial independence.

Osborne v Canada (Treasury Board), [1991] 2 SCR 69

Restrictions on political activities apply only to senior members of the government bureaucracy.

R v Campbell, [1999] 1 SCR 565

The police are not to be considered servants or agents of the government while conducting criminal investigations; they are answerable only to the law and cannot access the discretionary powers of the Crown.

Roncarelli v Duplessis, [1959] SCR 121

There is no such thing as absolute discretion in public law. Discretion must always be exercised in accordance with statutory purpose.

Suresh v Canada (Minister of Citizenship and Immigration), 2002 SCC 1

Generally to deport a refugee, where there are grounds to believe that this would subject the refugee to a substantial risk of torture, would unconstitutionally violate the Charter's s. 7 guarantee of LLSOP. This said, we leave open the possibility that in an exceptional case such deportation might be justified either in the balancing approach under ss. 7 or 1 of the Charter.

The procedures for deportation under the [now IRPA], when applied properly and in line with the safeguards outlined above, conforms to the Charter.

Wijesinghe v Canada (Minister of Citizenship and Immigration), 2010 FC 54

Accepting a lower level position than one is qualified for is not a basis for denying a work visa.

A foreign national’s duel intention of becoming a permanent resident and applying for temporary work visa/residence cannot be a basis for rejecting their work visa so long as it is not believed that the foreign national plans to remain illegally after the expiry of the visa