In what circumstances will s. 92(14) of the Charter of Rights and Freedoms be reviewed by the courts?
Canada (Federal), Canada
The following excerpt is from Reference re Code of Civil Procedure (Que.), art. 35, 2021 SCC 27 (CanLII):
In my view, to prevent s. 92(14) from being drained of all substance, the provinces must have real freedom to make the choices best suited to their own needs and to balance a number of important values by experimenting with new forms of access to civil justice through their courts. As Beetz J. wrote in OPSEU v. Ontario (Attorney General), 1987 CanLII 71 (SCC), [1987] 2 S.C.R. 2, unlike in a case involving the Canadian Charter of Rights and Freedoms, in a distribution of powers case, once it is demonstrated that the enacting legislature is competent, the balancing of conflicting values depends on the political judgment of such legislature and cannot be reviewed by the courts without their passing upon the wisdom of the legislation. [p. 56]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When reviewing a district court's confirmation of an arbitral award, does the court need to review a finding of fact for "clear error"? (MultiRegion, United States of America)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
Can a petitioner who has had a full and fair review of his Fourth Amendment claims in state court seek to have those claims reviewed by the federal appeals court? (MultiRegion, United States of America)
When a litigant claims that a lower court has taken action beyond its jurisdiction, does the court have power to require the lower court to set matters right? (MultiRegion, United States of America)
Is an extradition judge a court of competent jurisdiction for purposes of s. 24 of the Charter of Rights and Freedoms? (Canada (Federal), Canada)
How have courts interpreted s. 2(e) of the Canadian Bill of Rights, s.2(e), s.3(e") of the Charter of Human Rights? (Canada (Federal), Canada)
In what circumstances will the US Supreme Court consider whether the Chief Justice of the United States Supreme Court has any authority or authority to issue an opinion in the context of judicial review? (MultiRegion, United States of America)
In what circumstances will the US Supreme Court refuse to grant a motion to dismiss a motion for contempt of court when there are circumstances that would otherwise result in a miscarriage of justice? (MultiRegion, United States of America)
When assessing the evidence presented at trial, does a reviewing court need to conduct a thorough review of the state court record? (MultiRegion, United States of America)
When will a federal court review a state court's application of an individual statutory aggravating or mitigating circumstance in a particular case? (MultiRegion, United States of America)
