Supreme Court Of Canada Dismisses Appeal Alleging Freedom of Expression Breach

23.1.17

Mark Fancourt-Smith and Marko Vesely discuss the Supreme Court of Canada's first decision of 2017 addressing the likelihood of successful damages claims against quasi-judicial boards pursuant to s. 24 of the Charter. In a 4-4-1 split decision, the Court ultimately dismissed the appeal and struck the appellant’s claim for damages. Given the nature of the split decision, and the fact-specific basis for the result, a closer look is warranted both to understand the decision in question and evaluate its potential reach.

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