Summary

Keywords

Administrative Law — Judicial Review — Correct approach to reviewing discretionary decisions of a Minister — Whether Minister failed to consider relevant factors in exercising discretion — Whether Minister’s exercise of discretion breached rights protected under the Canadian Charter of Rights and Freedoms or Quebec Charter of Human Rights and Freedoms

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The Minister of Health and Social Services in Quebec drew up a medical staffing plan for the allocation of new physician billers to different regions of the province. The applicant, a doctor, disagreed with the Minister having given little weight to the current rates of registration with a family doctor in each region. The applicant brought an application for judicial review on the basis that the Minister’s decision was unreasonable and that it breached various rights under the Canadian Charter and Quebec Charter.

The Superior Court of Quebec dismissed the application for judicial review. It found that there was no basis to conclude that the Minister’s decision was unreasonable, nor was there any basis to find that there had been breaches under either of the Charters. The Court of Appeal unanimously dismissed the appeal.

Lower Court Rulings