Decision 17390A

Case Number Claimant Judge Language Decision date
Decision 17390A   MacKay  English 1990-12-17
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
courses of instruction or training  referral  discrimination 

Summary:

Refusal by the Commission to refer N.S. residents to a police officer course while residents from adjacent provinces were so referred did not violate s.7 of the Charter. A pure economic right is outside the scope of protection under s.7. In my view, the administration of a national program in consultation with provincial officials in a manner that takes account of differing provincial needs does not result in breach of ss.15(1) of the Charter.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
courses of instruction or training  referral  appeal 

Summary:

The Board erred in law when it held that the CEIC decision not to refer N.S. residents was wrong. It lacked the jurisdiction to make that determination, there being no proof of abuse of administrative discretion or bad faith by those officers authorizedto make that decision.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  discretionary power 

Summary:

The Board erred in law when it held that the CEIC decision not to refer N.S. residents was wrong. It lacked the jurisdiction to make that determination, there being no proof of abuse of administrative discretion or bad faith by those officers authorizedto make that decision.


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