Noah Sarna on the issues, cases and events of interest to British Columbia's educational community
Supreme Court of Canada refuses to hear appeal of UBC ticket case
The Supreme Court of Canada recently dismissed (CanLII) an application by Daniel Barbour – the accountant who claimed UBC had no right to issue parking tickets – to hear an appeal to the decision (CanLII) of the BC Court of Appeal rejecting his claim. This brings his lawsuit to a final close. Here is a press release by UBC’s Office of the University Counsel.
There are many interesting elements of Barbour’s story – see my previous posts here and here.
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Wanting money back from a university? Be careful what you wish for
July 5, 2010 - 10:34 am
Tags: Barbour, constitution, education law, judicial system, legislation, ubc, ultra vires
Posted in News | 1 comment
Many readers have expressed outrage (or, at the very least, mild dismay) at the legal principle set out by the BC Court of Appeal in Barbour v. University of British Columbia (CanLII) and discussed in a recent post on this blog: namely, that the legislature can pass laws that have the effect of retroactively altering the rules applicable to [...]
Supreme Court of Canada issues final word on UBC discrimination case
May 6, 2010 - 10:52 am
Tags: discrimination, education law, maughan, religion, Supreme Court of Canada, university of british columbia
Posted in News | No comments
The University of British Columbia celebrated last week’s decision by the Supreme Court of Canada refusing to hear an appeal from Cynthia Maughan, a student who alleged discrimination by the university and several professors on the basis of her Christian beliefs (see here for a previous post on this issue).
In 2008, the Supreme Court of British Columbia dismissed Maughan’s claim [...]
Quebec to reform language education law deemed unconstitutional by top court
January 11, 2010 - 10:30 am
Tags: Canadian Charter of Rights and Freedoms, Charter of the French Language, education law, language laws, language of instruction, language rights, Quebec, Supreme Court of Canada
Posted in News | No comments
CBC reported that Quebec’s Liberal government plans to reintroduce legislation to replace Bill 104, which the Supreme Court of Canada ruled over the summer was unconstitutional. This marks the beginning of another chapter in the ongoing drama surrounding the language of instruction debate in Quebec.
As a very brief history, the linguistic legal battles in Quebec began [...]
The Duty to Accommodate: Happy to work on Christmas, but not on Yom Kippur
December 24, 2009 - 3:49 pm
Tags: discrimination, education law, employee, employer, employment law, minorities, non-Western Christians, Quebec, religious, Supreme Court of Canada
Posted in News | 1 comment
The culture of Christmas in Canada is pervasive. It is the highlight of the year for many Canadians, when work ceases for a day and families reunite. Every provincial government has designated it as a statutory holiday, allowing Western Christians the ability to participate fully in their religious experience without any expectation of professional achievement.
But, for [...]