Canada: Constitutional & Administrative Law

Indigenous governments in Canada face the risk of judicial review when making governance decisions that affect community members. Understanding the legal foundations of authority, implementing fair and transparent processes, and maintaining thorough documentation are essential strategies for reducing the likelihood of court challenges that could delay or overturn critical decisions.

The Canadian federal government has extended its consultation period on sweeping reforms to major project reviews, proposing to consolidate federal decisions into a single approval within two years. The discussion papers outline fundamental changes including concurrent permit reviews, Federal Economic Zones with pre-approved development categories, and reassigned review responsibilities for energy and nuclear projects that would reshape how infrastructure, energy, mining, and transportation projects navigat

A Manitoba court has certified a class action and granted summary judgment finding that Canada and Manitoba breached First Nations' Aboriginal right to self-government in Child and Family Services. The decision modifies traditional tests for establishing Aboriginal rights and addresses systemic failures in funding, regulation, and culturally appropriate service delivery that substantially impaired Indigenous communities' ability to raise their children within their own cultures and traditions.

First Nations seeking self-determined governance through custom election codes face critical drafting challenges that can undermine their sovereignty.

Discover whether you might already hold Canadian citizenship through your family lineage. This webinar explores the often-overlooked pathways to Canadian citizenship by descent, examining how having Canadian parents, grandparents, or even great-grandparents could make you eligible for citizenship without going through traditional immigration processes.

In Resler v. Anglin, 2026 SCC 23, the Supreme Court of Canada held that an unsuccessful provincial election candidate may continue his civil action in misfeasance in public office against Alberta’s Chief Electoral...

The Ontario Court of Appeal's decision in Drover v. Attorney General of Canada has sparked intense debate about the scope of section 7 liberty rights under the Canadian Charter of Rights and Freedoms.

As Canadian governments continue implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), resource developers face evolving expectations around Indigenous engagement and consent. Recent court decisions and regulatory reforms signal a fundamental shift in how forestry and mining projects must navigate consultation obligations, cumulative effects analysis, and the practical meaning of "free, prior and informed consent."

Winner of a 2026 Mondaq Thought Leadership Award, hosts Stephen Thiele and Gavin Tighe examine highly contentious public cases in Canada, exploring the intersection between law and politics where courtrooms become part of the political arena. Each episode digs into current legal topics and battles, providing insight into how courts function in democracy and why their decisions matter to society.