Government Regulation and Public Sector Law

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

Canada's Indian Act has defined Indigenous identity through registration systems for over 150 years, but the 1985 Bill C-31 amendments fundamentally changed how First Nations determine membership. This article examines the critical distinction between Indian status—a federal legal designation—and band membership, which many Nations now control through their own membership codes, exploring how these parallel systems shape Indigenous identity and rights today.

The United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) was adopted as a UN General Assembly resolution in 2007.