Canada: Constitutional & Administrative Law

Bill C-30 has amended Canada's Pest Control Products Act, potentially streamlining emergency pesticide approvals while raising concerns about international trade implications.

The Ontario Court of Appeal examines whether provincial legislation that retroactively extinguished civil claims and designated land within the Greenbelt violates the constitutional core jurisdiction of superior courts under section 96 of the Constitution Act, 1867. The majority and dissent offer sharply contrasting views on the limits of legislative power to immunize public officials from misfeasance claims and predetermine litigation outcomes.

Can the Federal Government regulate and revoke the status of registered charities? Or does that power belong exclusively to the provinces under the Constitution? That question is now before the courts, and every charity in Canada should be paying attention.

The Court of Québec has clarified the interpretation of section 22 of Quebec's Access to Information Act, determining that public bodies need not prove "economic loss" when refusing document disclosure. The ruling addresses whether universities and other public institutions can withhold pedagogical materials and technical information when disclosure might cause losses or benefit third parties, establishing a new standard for applying access to information exceptions.

The Indian Act's registration provisions have undergone multiple amendments to address sex-based discrimination, yet many First Nations membership codes still incorporate outdated eligibility criteria from the 1985 Act. Recent court decisions have found these membership codes unconstitutional when they perpetuate the same discriminatory provisions that were challenged and remedied through Bills C-3 and S-3, creating a two-tier citizenship system that disadvantages descendants of female ancestors compared to

Ontario's Minister of Municipal Affairs and Housing has taken the rare step of referring Toronto's Official Plan Amendment 804 to the Ontario Land Tribunal for recommendation. This referral involves the redesignation of certain Employment Areas and will have significant implications for how the province's new "area of employment" regime is applied across Ontario. The Tribunal's forthcoming recommendation will be closely watched by municipalities and stakeholders throughout the province.

The rule of law underpins western democracies. Without the rule of law, a society will descend into chaos. Accordingly, government powers are not unlimited and courts have the authority to ensure that the exercise of delegated powers can be judicially reviewed.

The Supreme Court of Canada has delivered a landmark ruling affirming that courts possess a constitutionally protected right to review administrative decisions, striking down legislative attempts to completely bar judicial oversight. The decision clarifies when courts may decline to exercise this supervisory jurisdiction and establishes firm boundaries on Parliament's ability to shield public power from judicial scrutiny.

Davies Ward Phillips & Vineberg LLP provides legal expertise across public law and litigation matters, with key contacts including partners Matthew Milne-Smith in Toronto and Jean-Philippe Groleau and Guillaume Charlebois in Montréal. The firm offers comprehensive legal services with offices positioned to serve clients across multiple jurisdictions.