Dr Eoin O’Dell of the School of Law at the Trinity College Dublin picked up on a post on Slaw by Omar Ha-Redeye about the Ontario Court of Appeal’s decision in Jaffer v. York University.

He points out similarities between this case and another involving Andrew Coskery, a Irish student at the Queen’s University Belfast seeking judicial review of his university marks.

O’Dell has covered the Coskery case and discussed examiner’s academic freedom, non-law students who also sue, and reactions to the case by academics.

He points to the following international cases that discuss similar issues:
Keefe v New York Law School (17 November 2009)
George van Mellaert v Oxford University [2006] EWHC 1565 (QB) (29 June 2006)
Board of Curators, University of Missouri v Horowitz 435 US 78 (1978)
University of Michigan v Ewing 474 US 214 (1985)
Quinn v Honourable Society of King’s Inns [2004] IEHC 220 (15 June 2004)
Clark v University of Lincolnshire and Humberside [2000] 1 WLR 1988

Omar Ha-Redeye was interviewed today by 106.9FM, a local radio show in London.

Omar spoke about Charter dialogue, the theory that decisions by the Supreme Court of Canada are not final, and are instead referred to the legislature.

Omar Ha-Redeye and Justice Ian Binnie

The interview followed a talk by Hon. Justice Ian Binnie of the Supreme Court of Canada, and Hon. John Major, QC, formerly of the Supreme Court, at an event called Courting Democracy.

He also discussed a question he posed regarding access to the Supreme Court by people of socio-economically disadvantaged positions.  Justice Binne agreed that more needs to be done in this regard.

The interview will be aired tonight at approximately 6PM.