Canada: Court Procedure

The Supreme Court of Canada has ruled that the Constitution guarantees judicial review for all aspects of administrative decisions, declaring partial privative clauses that attempt to shield questions of fact and law from court oversight to be unconstitutional. In Democracy Watch v. Canada, the Court examined whether general political oversight by Parliament provides an adequate alternative to judicial review of the Conflict of Interest and Ethics Commissioner's decisions. This landmark decision reinforces

Court orders are meant to be followed; otherwise justice and rule of law will be undermined. Accordingly, courts are empowered to ensure that their orders are obeyed, and in the most extreme cases, can find a litigant in contempt of court for failing to comply with an order.

The Supreme Court of Canada has resolved a fundamental question in administrative and constitutional law by ruling on the validity of privative clauses that attempt to prevent judicial review of administrative decisions. This landmark decision addresses whether Parliament or provincial legislatures can constitutionally restrict courts from reviewing the legality of decisions made by administrative bodies. The ruling has significant implications for the balance of power between legislative authority and judi