Case information

Administrative law — Judicial review — Student required to discontinue studies with ability to apply for readmission — Whether Treaty promises include a positive obligation on the Crown and its agents including federally funded universities to provide accessible post-secondary education without systemic barriers that disproportionately exclude neuro-diverse First Nation peoples — Whether neurodiversity-exploiting frameworks in competitive academic environments constitute discrimination under s. 15(1) of the Charter of Rights and Freedoms by marginalizing intuitive-thinking First Nation students thereby perpetuating historic disadvantage — Whether state-caused litigation delays combined with unrepresented litigant’s status trigger a breach of procedural fairness and s. 7 Charter interests?

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.

In 2019, the University of Saskatchewan required Mr. Carrier discontinue his studies in the College of Arts and Science with the ability to apply for readmission. Mr. Carrier appealed to the Associate Dean of the College, who dismissed his appeal. Mr. Carrier appealed to the University Appeal Board which dismissed his appeal. More than two years later, Mr. Carrier filed an application for judicial review. The reviewing judge struck a claim for damages and dismissed the application for judicial review on the basis of undue delay. The Court of Appeal for Saskatchewan dismissed an appeal.