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Public Law
Public Law

Public Law deals with the relationship between the state and the individual or body corporate. It differs from most private law matters, because of the constitutional or statutory framework affecting that relationship. If you have an administrative or constitutional law problem, you are facing criminal or regulatory charges, or you need advice on how to work with government, you can turn to McInnes Cooper.

 

You can’t match the resources the state can mobilize so it’s essential to understand your rights and the rules that govern the behaviour of government or bureaucracy. We have lawyers with a unique blend of experience to help you through the most difficult problems. We combine in-depth understanding of government and administrative processes with a thorough knowledge of business and commercial realities in Atlantic Canada. Our ability to mobilize the resources you need across this region is unequalled. Whether your issue is government procurement, natural resource rights, energy or environmental regulation, tax issues, municipal or aboriginal law, judicial review of administrative action, statutory appeals, representation at public inquiries or royal commissions, constitutional and Charter of Rights litigation or government relations, we can help.

Legal Update: The Duty to Consult: Important Lessons from Canada’s Mining Sector
March 15, 2013

<p align="left">Recent developments in Ontario and Yukon are an important reminder of the practical implications of the Crown’s legal Duty to Consult with First Nations on exploration rights granted to the mining industry under provincial laws. Resource and energy sector companies operating in Canada should learn a lesson from the Ontario and Yukon experience:  blind reliance

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Moore v. British Columbia (Education): Students with Learning Disabilities Have a Right to Education Comparable to that of the General Student Population
January  8, 2013

<p>On November 19, 2012, the Supreme Court of Canada (SCC) unanimously ruled a B.C. public school system’s failure to provide adequate and meaningful access to education to a student with severe dyslexia was discriminatory. The SCC found, based on the applicable BC legislation, that:</p> <p>&nbsp;</p> <ul> <li>“education” is a service customarily available to the public;

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SCC Finds Failure to Provide Sufficient Remedial Education to Dyslexic Student Is Discriminatory
November  9, 2012

<p>A British Columbia child suffering from severe dyslexia could not obtain the necessary remedial assistance he required in B.C.’s public school system. He attended the local Diagnostic Centre that could provide such assistance until it was closed. His parents then transferred him to a private school. The parents subsequently filed a complaint with the B.C.

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