royal prerogative

Appeal Watch: Executive Authority Trenches on Legislative Protections for Post-Secondary Student Associations in Canadian Federation of Students v Ontario

In Canadian Federation of Students v Ontario, 2021 ONCA 553 [CFS 2021], the Court of Appeal for Ontario (“the Court”)  unanimously ruled that the Minister of Colleges and Universities cannot condition funding to post-secondary institutions on a student opt-out mechanism for “non-essential” ancillary fees. The Court found that this exercise of the government’s spending power […]

The Supreme Court Sends a Clear Message in Katz Group v Ontario that Judges Should Defer to Government Policy

etucker 9.2720 Normal 0 Much of what governments do in Canada is ruled by secondary legislation.  These regulations fill thousands of pages, often dealing with complex technical issues.   Parliament passes statutes with general principles, which authorize government bodies to write the more detailed regulations.  The Supreme Court of Canada's ("SCC") decision in Katz Group Canada […]