This case is the first time the Supreme Court considered defining issues of the Official Languages Act (OLA), including the definition of “travelling public”, whether an “office” or “head office” needs to be a physical place, how to apply the OLA to websites and social media, and the extent to which the OLA applies to privatized airports.
This case is the first time that the Supreme Court was required to address the content of Part IV of the Official Languages Act, which is the Part dealing with the provision of services to the public by government institutions and privatized entities who continue to be subject to the OLA. On behalf of the St John’s International Airport Authority (SJIAA), this case will likely be the leading precedent on how to interpret and apply the OLA to dozens of airports and thousands of government offices which are subject to that law.
This case demonstrated Fasken’s ability to handle complex public-law litigation, and to advance our client’s interests even when dealing with highly divisive issues, like official languages. The Supreme Court hears fewer than 50 cases a year, and grants leave to appeal to less than 10% of the applications made each year. Here, Fasken successfully obtained leave to appeal on behalf of the SJIAA, even though the Court declined to hear a similar appeal by another airport authority. This difference in results reflected Fasken’s long-term strategic view of the file, which from the very start was built on raising defining and fundamental issues of law. The importance of those issues led the case straight to Canada’s highest court.
A Fasken team composed of Michael Shortt and Paolina Tosheva represented the St John’s International Airport Authority in this matter.
Jurisdiction
- Newfoundland and Labrador
