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Statutory Interpretation - "In Respect Of". McQuade v. Canada (Attorney General)
In McQuade v. Canada (Attorney General) (Fed CA, 2025) the Federal Court of Appeal allowed a class plaintiffs' certification motion appeal, this where they "sought certification of a class proceeding, as representative plaintiffs, on behalf of a class of current and former regular members of the RCMP with an Operational Stress Injury".
Here the court comments on the meaning of the term: 'in respect of':[51] Section 9 of the CLPA has broad reach. As Justice Iacobucci observed, the words "“in respect of”" have a wide scope: "“They import such meanings as ‘in relation to’, ‘with reference to’ or ‘in connection with’. The phrase ‘in respect of’ is probably the widest of any expression intended to convey some connection between two related subject matters”": Sarvanis at para. 20, quoting Nowegijick v. The Queen, [1983] 1 S.C.R. 29 at p. 39, 1983 CanLII 18 (S.C.C.). . Jewish National Fund of Canada Inc. v. Canada (National Revenue)
In Jewish National Fund of Canada Inc. v. Canada (National Revenue) (Fed CA, 2025) the Federal Court of Appeal dismissed an appeal, that from a JR challenging a Ministerial revocation of charitable registration "by publishing a notice of intention to revoke (NITR) in the Canada Gazette".
Here the court considers the meaning of the phrase "in respect of":[28] The Supreme Court of Canada has said that "“[t]he phrase ‘in respect of’ is probably the widest of any expression intended to convey some connection between two related subject matters”": Nowegijick v. The Queen, 1983 CanLII 18 (SCC), [1983] 1 S.C.R. 29, 144 D.L.R. (3d) 193 at 39 [Nowegijick]. The synonymous French expression, "“relative à”", is equally broad.
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