Judicial Independence: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses businesses and Judicial Independence.

Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.


Judge Eliana Marengo, of the Court Québec, refused to hear an application filed by a woman on the ground that the clothing she was wearing, namely a hijab, was in violation of Court regulations. When the woman refused to remove her hijab the case was eventually postponed without a hearing date being set.

Between February 27 and April 2, 2015, a total of 38 complaints were made about the case, of which 28 were referred to a committee of inquiry a year later. The judge served a preliminary application to have the complaints dismissed on the ground that pursuing them would be a serious breach of the principle of judicial independence. The application was dismissed by both the Superior Court and the Court of Appeal.

The Supreme Court of Canada missed the opportunity here to clarify longstanding principles of judicial independence.

Watch the video for more.

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