Canada: Constitutional & Administrative Law

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.

Canada's Foreign Influence Transparency and Accountability Act (FITAA) establishes a comprehensive registration regime for arrangements with foreign principals involving influence activities related to Canadian political or governmental processes. Organizations across sectors—including businesses, NGOs, universities, and industry associations—must assess whether their existing or proposed arrangements trigger registration obligations, with significant administrative and criminal penalties for no

The Supreme Court of Canada has unanimously struck down a privative clause in the Conflict of Interest Act that attempted to bar judicial review of the Ethics Commissioner's decisions. The ruling establishes that the Constitution guarantees a minimum of legality review over all administrative decisions, with implications extending to labour relations, workers' compensation, and immigration legislation containing similar clauses.

La décision rendue à la majorité de 2 contre 1 par la Cour d’appel de l’Ontario dans l’affaire Minotar s’inscrit dans la tendance récente de la Cour à confirmer une législation provinciale qui limite ou exclut...

The Supreme Court of Canada’s recent decision in Democracy Watch v. Canada (Attorney General)[1] brings renewed focus to a familiar feature of administrative statutes: provisions known as “privative clauses,” which seek to limit court oversight of the legality of actions and decisions taken by statutory bodies such as administrative boards and tribunals.

Bill C-30 has amended Canada's Pest Control Products Act, potentially streamlining emergency pesticide approvals while raising concerns about international trade implications.

The Foreign Influence Transparency and Accountability Act imposes sweeping new registration and continuous disclosure obligations on individuals, businesses and organizations. It applies when acting under the direction of foreign states, state owned businesses, or other “foreign principals”. It also applies when merely working in association with a foreign principal.

A recent Federal Court of Appeal decision illustrates the significant challenges faced by individuals seeking removal from Canada's sanctions lists. The case examines the broad discretionary powers granted to the Minister of Foreign Affairs and the limited grounds available for judicial review when challenging sanctions designations.

Since the adoption of the Act respecting the laicity of the State in 2019, which affirmed secularism and enshrined the principle of state religious neutrality in Québec, issues relating to secularism and religion have been at the forefront of Québec’s political and legislative landscape.