Administrative Law

Cooperative Federalism in Peril? The SCC Revitalizes the Doctrine of Interjurisdictional Immunity in Opsis

In Opsis Airport Services Inc v Quebec (Attorney General), 2025 SCC 17 [Opsis], the Supreme Court of Canada (“SCC” or the “Court”) refined the doctrine of interjurisdictional immunity (“IJI”) test from its framework in Canadian Western Bank v Alberta, 2007 SCC 22 [Canadian Western Bank]. This case centres on whether Quebec’s Private Security Act, CQLR, c S-3.5 [PSA] impairs the core of certain federal heads of power. The Court’s finding of inapplicability on these facts represents a notable shift in the IJI analytical structure that carries significant implications for legislatures, administrative decision-makers, and the private sector.

A Modern Approach to a Modern Problem? The SCC’s ruling in Telus Communications Inc.

This April, the Supreme Court of Canada dismissed the appeal in Telus Communications Inc. v Federation of Canadian Municipalities. Applying the modern approach to statutory interpretation, the majority held that “transmission line,” as contemplated under sections 43 and 44 of the Telecommunications Act, does not capture 5G network antennas.

Flying Fair? SCC Weighs in on International Air Transportation Association v Canada

Airline passengers in Canada recently scored an important win regarding consumer protection. In International Air Transportation Association v Canada (Transportation Agency), 2024 SCC 30 [International Air], the Supreme Court of Canada (“SCC”) unanimously held that the Canada Transportation Agency’s (the “Agency”) Air Passenger Protection Regulations, SOR/2019-150 [Regulations] were valid regulations that did not violate the Convention for the Unification of Certain Rules for International Carriage by Air, 2242 UNTS 309 [Montreal Convention].

Auer v Auer : Vavilov Prevails in the Review of Subordinate Legislation

What standard of review applies when reviewing the vires of subordinate legislation? In the post-Vavilov era, this question has been the subject of conflicting appellate guidance. The Alberta Court of Appeal in this case followed the “hyper-deferential” standard that the Supreme Court (“SCC”) set in Katz Group Canada Inc. v. Ontario (Health and Long‑Term Care) […]

York Region District School Board v Elementary Teachers’ Federation of Ontario: The Application of the Charter to Ontario School Boards

In York Region District School Board v Elementary Teachers’ Federation of Ontario, 2024 SCC 22 [YRDSB], the Supreme Court of Canada (“SCC”) reviewed an arbitrator’s decision regarding the reasonable expectation of privacy of two teachers at an Ontario public school. The majority conducted a correctness review to set aside the arbitrator’s decision, holding that the […]

Ultra Vires and Unreasonable: Federal Court rules on invocation of the Emergencies Act

In Canadian Frontline Nurses v Canada (Attorney General), 2024 FC 42 [CFN], the Federal Court (“FC”) considered an application for judicial review challenging the federal government’s invocation of the Emergencies Act, RSC 1985, c 22 in the wake of the 2022 Freedom Convoy protests. The FC granted the application, holding that the invocation of the […]

Appeal Watch: Dorsey v Canada: When does a Security Reclassification Denial Deprive Prisoners of Liberty?

The Supreme Court has recognized that habeas corpus is “the strongest tool a prisoner has to ensure that the deprivation of his or her liberty is not unlawful” (Mission Institution v Khela, 2014 SCC 24 at para 29 [Khela]). In Dorsey v Canada (Attorney General), the Court will decide [41132] whether that tool is available […]

Jurisdiction For Tax Cases: Supreme Court Of Canada Draws The Line Between Federal Court And Tax Court Of Canada

Questions on tax jurisdiction currently cause headaches for many taxpayers attempting to resolve a tax issue. It can be difficult to determine whether the Tax Court of Canada (“TCC”) or Federal Court (“FC”) is the correct jurisdiction for the appeal to be heard. This jurisdictional ambiguity has led to taxpayers concurrently commencing proceedings in both […]

Cabinet of Curiosities: The SCC on Cabinet Secrecy

In Ontario (Attorney General) v. Ontario (Information and Privacy Commissioner), 2024 SCC 4 [IPC], the Supreme Court of Canada (“the SCC”) held that mandate letters issued by Premier Doug Ford to his ministers shortly after the formation of his government in 2018 are protected from disclosure. In doing so, the SCC overturned the Court of […]

The Procedural Unfairness of the Law Society of Ontario’s Regulatory Bylaws 

In Mirza et al v the Law Society of Ontario 2023 ONSC 6727, ["Mirza"] the Ontario Superior Court of Justice (“SCJ” or the “Court”) struck a balance between the requirements of administrative procedural fairness and the integrity of the legal profession. The decision introduced some new checks and balances on unilateral actions on behalf of […]