A Mess of Gorgeous Chaos: Jurisdiction and Justiciability of University Disputes

Presented by the CBA Alberta Administrative Law (North) Section

Universities are unique institutions that straddle the public/private, state/non-state divide. They are statutory bodies performing a public function, are substantially publicly funded, yet operate with considerable autonomy from the government. As hybrid bodies, they pose conceptual, doctrinal and normative challenges to courts being asked to exercise their supervisory and original jurisdiction, to intervene to provide remedies to individuals wronged by university actions. I will discuss the concepts of jurisdiction and justiciability, and how courts have grappled with applying them in disputes involving universities given their unique position. The discussion will highlight the difficulty of applying the test for the availability of judicial review articulated in Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall, and the divergent caselaw with respect to the justiciability of academic disputes.

PRESENTER

Anna Wong (Counsel, Weintraub Huang LLP)

MEETING DETAILS

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