About: Doré v Barreau du Québec

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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

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  • 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)
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  • 35228284 (xsd:integer)
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  • 8500 (xsd:nonNegativeInteger)
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  • 957719733 (xsd:integer)
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dbp:caseName
  • Doré v Barreau du Québec (en)
dbp:citations
  • 2012 (xsd:integer)
dbp:decidedDate
  • 2012-03-22 (xsd:date)
dbp:docket
  • 33594 (xsd:integer)
dbp:fullCaseName
  • 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)
dbp:heardDate
  • 2011-01-26 (xsd:date)
dbp:history
  • Judgment against Doré in the Court of Appeal for Quebec. (en)
dbp:notparticipating
  • Deschamps and Charron JJ. (en)
dbp: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)
dbp:ruling
  • Appeal dismissed. (en)
dbp:scc
  • 2008 (xsd:integer)
dbp:unanimous
  • Abella J. (en)
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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)
rdfs:label
  • Doré v Barreau du Québec (en)
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