N.S. v. Martin; N.S. v. Laseur
Encyclopedia
Nova Scotia v. Martin; Nova Scotia v. Laseur, [2003] 2 S.C.R. 504, 2003 SCC 54, is a leading Supreme Court of Canada
decision. The Court re-examined the authority of tribunals to hear constitutional challenges and their power to strike down legislation under section 52(1) of the Constitution Act, 1982
. In doing so the Court overturned the previous decision of Cooper v. Canada (Human Rights Commission), (1996). Also, the Court struck down provisions within Nova Scotia's Workers' Compensation Act that prohibited people who were disabled by chronic pain from benefits as a violation of section 15(1)
of the Canadian Charter of Rights and Freedoms
.
They challenged the Worker's Compensation Act as a violation of equality rights under section 15(1) of the Charter for denying benefits to those with chronic pain. The Appeals Tribunal held that the Charter was violated in Martin's case.
The government appealed the decision and the Nova Scotia Court of Appeal
held that the tribunal did not have the authority to apply the Charter. To arrive at this conclusion the court had followed the Cooper case. In that decision the Supreme Court was divided on when the Charter could be used. McLachlin argued that the Charter belonged "to the people" and so must be granted liberally. Lamer had argued otherwise, stating that only courts of proper authority could use it. The compromise was that it could only be used where there was clear legislative intent. On the facts here there was no clear legislative intent and so the appeal court found the authority.
Justice Gonthier, writing for a unanimous Court, considered the question of whether the Charter could be applied by the tribunal. Gonthier stated that if the text of the legislation gives the tribunal authority to apply the law then it can also apply the Charter.
In the case where there is no express authority to apply law then the court can look for implied authority by considering the statute as a whole. Factors to be considered include the mandate of the tribunal, whether the body is adjudicative in nature, and whether it possesses any other characteristics of the administrative system.
If the claimant successfully argues that the tribunal has authority to use the Charter, the party opposing this can rebut the presumption by either showing that there is explicit withdrawal of the authority by the legislature, or by showing that the statutory scheme points to an intention to exclude the authority.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision. The Court re-examined the authority of tribunals to hear constitutional challenges and their power to strike down legislation under section 52(1) of the Constitution Act, 1982
Constitution Act, 1982
The Constitution Act, 1982 is a part of the Constitution of Canada. The Act was introduced as part of Canada's process of "patriating" the constitution, introducing several amendments to the British North America Act, 1867, and changing the latter's name in Canada to the Constitution Act, 1867...
. In doing so the Court overturned the previous decision of Cooper v. Canada (Human Rights Commission), (1996). Also, the Court struck down provisions within Nova Scotia's Workers' Compensation Act that prohibited people who were disabled by chronic pain from benefits as a violation of section 15(1)
Section Fifteen of the Canadian Charter of Rights and Freedoms
Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
.
Background
Donald Martin and Ruth Laseur both suffered from chronic pain caused by work injuries. They attempted to claim compensation from the injury but the Worker's Compensation Board denied any benefits.They challenged the Worker's Compensation Act as a violation of equality rights under section 15(1) of the Charter for denying benefits to those with chronic pain. The Appeals Tribunal held that the Charter was violated in Martin's case.
The government appealed the decision and the Nova Scotia Court of Appeal
Nova Scotia Court of Appeal
The Court of Appeal for Nova Scotia is the highest appeal court in the province of Nova Scotia, Canada. There are currently seven Justices and one Chief Justice. The court sits in Halifax, which is the capital of Nova Scotia...
held that the tribunal did not have the authority to apply the Charter. To arrive at this conclusion the court had followed the Cooper case. In that decision the Supreme Court was divided on when the Charter could be used. McLachlin argued that the Charter belonged "to the people" and so must be granted liberally. Lamer had argued otherwise, stating that only courts of proper authority could use it. The compromise was that it could only be used where there was clear legislative intent. On the facts here there was no clear legislative intent and so the appeal court found the authority.
Reasons of the court
The Court held that the tribunal had the authority to apply the Charter and found that the Act did violate it. Consequently, Martin was given the benefits and Laseur's case was sent back to the tribunal for reconsideration.Justice Gonthier, writing for a unanimous Court, considered the question of whether the Charter could be applied by the tribunal. Gonthier stated that if the text of the legislation gives the tribunal authority to apply the law then it can also apply the Charter.
In the case where there is no express authority to apply law then the court can look for implied authority by considering the statute as a whole. Factors to be considered include the mandate of the tribunal, whether the body is adjudicative in nature, and whether it possesses any other characteristics of the administrative system.
If the claimant successfully argues that the tribunal has authority to use the Charter, the party opposing this can rebut the presumption by either showing that there is explicit withdrawal of the authority by the legislature, or by showing that the statutory scheme points to an intention to exclude the authority.
See also
- List of Supreme Court of Canada cases (McLachlin Court)
- Cooper v. Canada (Human Rights Commission), [1996] 3 S.C.R. 854