A Court of Competent Jurisdiction

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-19
CLNP Page ID:	2359
Page Categories:	[Canadian Charter of Rights and Freedoms (Annotated)]
Citation:	A Court of Competent Jurisdiction, CLNP 2359, <>, retrieved on 2024-05-19
Editor:	Sharvey
Last Updated:	2024/03/21

R. v. Conway, 2010 SCC 22 (CanLII), [2010] 1 SCR 765

[20] We do not have one Charter for the courts and another for administrative tribunals (Cooper v. Canada (Human Rights Commission), 1996 CanLII 152 (SCC), [1996] 3 S.C.R. 854, per McLachlin J. (in dissent), at para. 70; Dunedin; Douglas College; Martin). This truism is reflected in this Court’s recognition that the principles governing remedial jurisdiction under the Charter apply to both courts and administrative tribunals. It is also reflected in the jurisprudence flowing from Mills and the Cuddy Chicks trilogy according to which, with rare exceptions, administrative tribunals with the authority to apply the law have the jurisdiction to apply the Charter to the issues that arise in the proper exercise of their statutory functions.

[21] The jurisprudential evolution has resulted in this Court’s acceptance not only of the proposition that expert tribunals should play a primary role in the determination of Charter issues falling within their specialized jurisdiction, but also that in exercising their statutory discretion, they must comply with the Charter.

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