Canada: Constitutional & Administrative Law

The Ontario Court of Appeal unanimously overturned a lower court decision that had struck down provincial legislation requiring the removal or reconfiguration of Toronto bicycle lanes, holding that such ordinary legislation does not become constitutionally entrenched simply because it creates a benefit. The court forcefully reaffirmed that legislatures retain the power to amend or repeal their prior policy choices unless the Charter independently prevents them from doing so, and that courts must distinguish

In Cycle Toronto v Ontario (Attorney General), 2026 ONCA 582, the Ontario Court of Appeal overturned a lower court ruling preventing the government of Ontario from ripping out 19 kilometers of protected bike lines along three major Toronto roadways. The decision underlines the limited role of the courts in reviewing policy-based government decisions.

Those involved in importing or exporting controlled nuclear information should review this article because the applicable Canadian regime is undergoing significant change, with important consequences for both licensing and day-to-day management of information.

The Court of Appeal for Ontario's recent decision in Minotar Holdings Inc. v. Ontario examines the constitutional limits of provincial legislation that shields the Crown from civil liability, particularly for claims of misfeasance and bad faith by government officials. With a 2:1 split decision upholding broad immunity provisions in the Greenbelt Act, the case raises fundamental questions about the balance between legislative supremacy and the superior courts' constitutionally protected role as guardians of

Over the past year the Province of British Columbia and Indigenous Nations have completed a number of new agreements under the Declaration on the Rights of Indigenous Peoples Act (DRIPA). In particular, two new agreements under Section 7 of DRIPA (the Section 7 Agreements) highlight changes in how the Province is approaching implementation of Section 7 Agreements, both with respect to the territorial scope and the content of the decision-making processes under each agreement.

Ontario's Bill 97 introduces sweeping reforms to freedom of information and privacy laws, fundamentally reshaping how public institutions handle access requests and protect personal data. The amendments establish new timelines, breach reporting requirements, and privacy impact assessment obligations that will require significant operational changes.

The Supreme Court of Canada has issued a landmark ruling establishing that the Constitution guarantees judicial review of all aspects of administrative decisions, both factual and legal. In Democracy Watch v. Canada (Attorney General), the Court struck down a privative clause that attempted to limit judicial review, confirming that legislatures cannot constitutionally oust the courts' supervisory jurisdiction over administrative bodies. This decision fundamentally reshapes the landscape of administrative la

The Federal Court of Appeal's decision in SOCAN v. Apple Canada addresses when courts will review administrative decisions before they become final. The ruling establishes that even significant legal determinations made during bifurcated proceedings remain interlocutory until the administrative body completes its entire process. What threshold must parties meet to justify immediate judicial review of preliminary rulings?

Health Canada appears to be administratively reclassifying Class I Medical Devices as Class II based on product claims rather than the established Classification Rules that focus on invasiveness and activity level.