Canada: Constitutional & Administrative Law

The Supreme Court of Canada annulled a federal election in Terrebonne, Quebec after a single mail-in ballot went uncounted due to an Elections Canada administrative error—a postal code mistake that directly affected the one-vote margin of victory. In a 6-3 decision, the majority clarified that serious administrative errors can constitute "irregularities" under the Canada Elections Act even without fraud or intentional wrongdoing, fundamentally reshaping how courts balance electoral integrity against v

The Ontario Court of Appeal ruled that a summons issued by the Ontario Securities Commission to Binance constituted an unreasonable search and seizure under the Charter. This decision examines the constitutional limits on regulatory bodies' document production powers and could have significant implications for how securities regulators and self-regulatory organizations like CIRO exercise their investigative authority.

The Ontario Court of Appeal has clarified the longstanding test for obtaining leave to appeal from the Divisional Court, streamlining the framework into two core components: arguability and public importance. This decision resolves recent confusion about whether the test varies depending on the Divisional Court's jurisdiction and eliminates categories that had caused uncertainty in application.

On September 3, 2026, amendments to Canada's Physical Activities Regulations came into force, removing several project categories from federal Impact Assessment Act oversight and consolidating review authority with the Canada Energy Regulator. These changes eliminate overlapping federal review processes for international and interprovincial pipelines, electrical transmission lines, and certain energy facilities, aiming to streamline major project approvals while raising questions about Indigenous

The Supreme Court of Canada has delivered a landmark ruling declaring section 66 of the Conflict of Interest Act unconstitutional, fundamentally reshaping the boundaries between legislative authority and judicial oversight of administrative decisions. This unanimous decision addresses longstanding questions about the validity of privative clauses that restrict courts' ability to review findings by Parliament's ethics commissioner.

Canada's new Foreign Influence Transparency and Accountability Act (FITAA) establishes a comprehensive registration regime requiring organizations and individuals to disclose arrangements with foreign principals involving influence activities targeting Canadian political or governmental processes.

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 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