About: Doré v Barreau du Québec     Goto   Sponge   NotDistinct   Permalink

An Entity of Type : dbo:SupremeCourtOfTheUnitedStatesCase, within Data Space : dbpedia.demo.openlinksw.com associated with source document(s)
QRcode icon
http://dbpedia.demo.openlinksw.com/describe/?url=http%3A%2F%2Fdbpedia.org%2Fresource%2FDoré_v_Barreau_du_Québec&invfp=IFP_OFF&sas=SAME_AS_OFF

Doré v Barreau du Québec is an administrative law decision by the Supreme Court of Canada regarding how to apply the Canadian Charter of Rights and Freedoms to adjudicative decisions, as opposed to statutory law. The Court found that the test in R. v. Oakes (which is used to determine whether a law that infringes a section of the Charter is unconstitutional under section 1 of the Charter) does not apply to administrative law decisions, although there is "conceptual harmony" between the review for reasonableness and the Oakes framework. Instead, the question is whether the administrative decision is reasonable, in that it reflects a proportionate balancing of the Charter rights and values at play. In addition to the parties (Doré, the Barreau du Québec, the , and the Attorney General of Que

AttributesValues
rdf:type
rdfs:label
  • Doré v Barreau du Québec (en)
rdfs:comment
  • Doré v Barreau du Québec is an administrative law decision by the Supreme Court of Canada regarding how to apply the Canadian Charter of Rights and Freedoms to adjudicative decisions, as opposed to statutory law. The Court found that the test in R. v. Oakes (which is used to determine whether a law that infringes a section of the Charter is unconstitutional under section 1 of the Charter) does not apply to administrative law decisions, although there is "conceptual harmony" between the review for reasonableness and the Oakes framework. Instead, the question is whether the administrative decision is reasonable, in that it reflects a proportionate balancing of the Charter rights and values at play. In addition to the parties (Doré, the Barreau du Québec, the , and the Attorney General of Que (en)
dct:subject
Wikipage page ID
Wikipage revision ID
Link from a Wikipage to another Wikipage
sameAs
Unanimous
  • Abella J. (en)
dbp:wikiPageUsesTemplate
docket
citations
history
  • Judgment against Doré in the Court of Appeal for Quebec. (en)
ratio
  • R. v. Oakes does not apply to Charter issues in the context of administrative law. Instead, the question is whether the administrative decision reflects a proportionate balancing of the Charter rights and values at play. (en)
has abstract
  • Doré v Barreau du Québec is an administrative law decision by the Supreme Court of Canada regarding how to apply the Canadian Charter of Rights and Freedoms to adjudicative decisions, as opposed to statutory law. The Court found that the test in R. v. Oakes (which is used to determine whether a law that infringes a section of the Charter is unconstitutional under section 1 of the Charter) does not apply to administrative law decisions, although there is "conceptual harmony" between the review for reasonableness and the Oakes framework. Instead, the question is whether the administrative decision is reasonable, in that it reflects a proportionate balancing of the Charter rights and values at play. In addition to the parties (Doré, the Barreau du Québec, the , and the Attorney General of Quebec), the Court heard from the following intervenors: the Federation of Law Societies of Canada, the Canadian Civil Liberties Association, and the . (en)
case-name
  • Doré v Barreau du Québec (en)
decided-date
full-case-name
  • Gilles Doré v. Pierre Bernard, in his capacity as Assistant Syndic of the Barreau du Québec, Tribunal des professions and Attorney General of Quebec (en)
heard-date
NotParticipating
  • Deschamps and Charron JJ. (en)
ruling
  • Appeal dismissed. (en)
SCC
gold:hypernym
prov:wasDerivedFrom
page length (characters) of wiki page
foaf:isPrimaryTopicOf
is Link from a Wikipage to another Wikipage of
is Wikipage redirect of
is foaf:primaryTopic of
Faceted Search & Find service v1.17_git145 as of Aug 30 2024


Alternative Linked Data Documents: ODE     Content Formats:   [cxml] [csv]     RDF   [text] [turtle] [ld+json] [rdf+json] [rdf+xml]     ODATA   [atom+xml] [odata+json]     Microdata   [microdata+json] [html]    About   
This material is Open Knowledge   W3C Semantic Web Technology [RDF Data] Valid XHTML + RDFa
OpenLink Virtuoso version 08.03.3331 as of Sep 2 2024, on Linux (x86_64-generic-linux-glibc212), Single-Server Edition (378 GB total memory, 53 GB memory in use)
Data on this page belongs to its respective rights holders.
Virtuoso Faceted Browser Copyright © 2009-2024 OpenLink Software