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Dealing with Charter Claims and Values – A Tribunal Primer

Home / Dealing with Charter Claims and Values – A Tribunal Primer

Many more citizens have their rights determined by … tribunals than by the courts. If the Charter is to be meaningful to ordinary people, then it must find its expression in the decisions of these tribunals. - Beverley McLachlin, Chief Justice of Canada

Many administrative tribunals now interpret and apply the Canadian Charter of Rights and Freedoms to determine the constitutionality of their enabling legislation, craft remedies for Charter breaches, and weigh statutory objectives against Charter values in exercising discretionary powers. Tribunals must also exercise coercive or investigatory powers in a manner respectful of parties’ legal rights under the Charter.

This intensive online program will cover:

  • when you need to address a party’s Charter arguments;
  • how to structure your hearing to effectively address Charter claims or arguments that raise Charter values;
  • what you need to know about substantive Charter rights, including legal rights, freedom of expression, freedom of association and equality; and
  • how to conduct a justification analysis under section 1 of the Charter or a Doré Charter values balancing exercise.

Learn about best practices for managing hearings involving Charter claims and values from experienced tribunal chairs, members, and counsel.

This course will be of interest to anyone involved in dealing with Charter claims before administrative decision-makers, including adjudicators, tribunal counsel, and those who appear before tribunals.

The course is eligible for 6 substantive hours in Ontario.

This program was originally presented in March 2018 in collaboration with Osgoode Professional Development and includes the presentation and resource materials.



 Members Non-Members
$275.00 (plus applicable taxes) $325.00 (plus applicable taxes)