Nova Scotia (Workers' Compensation Board) v. Martin
- Nova Scotia (Workers' Compensation Board) v. Martin
-
Nova Scotia (Workers' Compensation Board) v. Martin [2003] 2 S.C.R. 585 was a Supreme Court of Canada decision reexamining authority of an Administrative Decision Maker (ADM)to hear constitutional challenges. The SCC differentiated Cooper v. Canada (Human Rights Commission) and struck down the Nova Scotia provisions as a violation of §15 of the Charter of Rights and Freedoms. Martin suffered from workplace injuries and tried claiming compensation in Nova Scotia but was denied. The ADM said that Charter was violated because of the legislation. The Nova Scotia appeal said that the ADM could not consider the Charter violation because there was no clear legislative intent that the ADM should have the authority to consider the Charter violation.
Decision of the Court
The SCC said the Charter can be considered even without clear legislative intent because there can be an express consideration provided by the legislature or an implied authority based on the Pragmatic and Functional Test. Considering the statute as a whole, the mandate of the ADM. The claimant must argue that the ADM can consider the Charter and the opposing party must rebut this presumption by proving that the legislation either expressly withdrew this power or intended to exclude this power.[citation needed]
Categories:
- Supreme Court of Canada cases
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