Must a regulator consider the Charter even when making a decision that does not engage a Charter right? In Commission scolaire francophone, the Supreme Court of Canada confirmed that the answer is "yes." In doing so, the Court reignited a long-running discussion about Charter rights and "Charter values" in administrative law. In this episode of Appealing Briefs, host Adam Goldenberg speaks with Caroline Zayid, McCarthy Tétrault’s Regional Managing Partner for Ontario and a leading administrative lawyer, about what regulators and regulated entities should take from this decision and how they should make sense of the Charter's role in administrative decision making and judicial review.
