When it comes to fundamental rights and freedoms in Canada, it is imperative to have consistent definitions and interpretations of meaning. Canadians rely on our nation's superior courts to clarify and provide certainty around legal principles, and especiall for our fundamental rights and freedoms.
TWU professor Janet Epp Buckingham recently published a paper highlighting how the standards of review are different for appeals from trial courts compared to judicial review of decisions of administrative tribunals. As she explains in the paper's abstract, "While there are jurisprudential reasons for courts to exercise deference to tribunal decisions when they are acting within their areas of expertise, it can be problematic when tribunals are deciding on other issues, particularly on constitutionally protected human rights."
To illuminate the challenge, she analyzes three Supreme Court of Canada decisions involving religious freedom that came to the court through three different routes , in order to assess whether the standards of review made a difference in how the cases were decided.
Janet Epp Buckingham has been the Director of the Laurentian Leadership Centre since 2006. She researches and publishes on religious freedom in Canada and internationally. She is also interested in the relationship among faith, public policy and the legal system.
Read Janet Epp Buckingham's article, "Down a Long and Dimly-Lit Path: Are We There Yet with Standards of Review and Religious Freedom?" in Journal of Commonwealth Law:
TWU in Journal of Commonwealth Law
About Trinity Western University
Founded in 1962, Trinity Western University is Canada’s premier Christian liberal arts university dedicated to equipping students to establish meaningful connections between career, life, and the needs of the world. It is a fully accredited research institution offering liberal arts and sciences, as well as professional schools in business, nursing, education, human kinetics, graduate studies, and arts, media, and culture. It has four campuses and locations: Langley, Richmond-Lansdowne, Richmond-Minoru, and Ottawa. TWU emphasizes academic excellence, research, and student engagement in a vital faith community committed to forming leaders to have a transformational impact on culture. Learn more at www.twu.ca or follow us on Twitter @TrinityWestern, on Facebook and LinkedIn.
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