Tribunals can rule on Charter claims: Supreme Court
Last Updated: Friday, June 11, 2010 | 2:26 PM ET
Alison Crawford, CBC News
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The Supreme Court of Canada has ruled that administrative tribunals may rule on cases that seek to assert certain rights guaranteed under the Charter of Rights and Freedoms.
In a unanimous decision Friday, the Court said Canadians should be able "to assert their Charter rights in the most accessible form available."
The decision was in response to an appeal made by Paul Conway, who had been found not guilty by reason of insanity of raping a relative in 1984.
Conway asked the Ontario Review Board, an administrative tribunal, for an absolute discharge in 2006, arguing that his Charter right to freedom was violated during his stays in various mental health facilities.
The board ruled that he was a serious threat to public safety and refused to release him but also concluded it had no jurisdiction to consider his Charter claims.
Friday's ruling said Conway's complaints could have been addressed without resorting to the Charter, so in his particular case, the administrative tribunal was not obliged to consider his Charter claim.
The Supreme Court also agreed that Conway is a danger to the public and should remain in a mental health facility.
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