Canada: Constitutional & Administrative Law

The Québec Court of Appeal has established groundbreaking precedent on whether Charter rights and Jordan framework timelines apply to civil contempt proceedings. This landmark decision addresses the tension between protecting fundamental rights and maintaining the integrity of civil justice, while courts across Canada reach conflicting conclusions on this critical constitutional question.

Pro Bono Ontario has relaunched its Court of Appeal amicus program, a joint initiative with the Court of Appeal for Ontario designed to support self-represented litigants with motions. The program now allows self-represented litigants to consult with volunteer lawyers before court appearances, and in some cases, these volunteers can make submissions on their behalf before judges.

Le gouvernement du Canada lance une consultation publique sur l'élargissement du régime des indications géographiques prévu dans la Loi sur les marques de commerce. Cette consultation vise à recueillir les points de vue sur la modernisation du régime canadien et son extension potentielle au-delà des vins, spiritueux, produits agricoles et aliments pour couvrir des produits d'artisanat traditionnel et industriels.

In January 2024, the High Court in Pretoria delivered a landmark judgment invalidating the Department of Home Affairs’(DHA’s) practice of “ID blocking”. This practice entailed blocking individuals’ identity numbers and documents during fraud investigations without notice or hearing to affected individuals.

Osler's Legislative Update is a bi-weekly listing of new legislation. This issue covers legislation for the period 06/19 to 07/08.

The Ontario Land Tribunal's January 2025 decision in Ottawa (City) v. Ottawa (City) addresses whether non-statutory provincial guidelines can override practical solutions when health-based water quality standards are met. At the heart of the case is a rural severance application where sodium levels slightly exceeded aesthetic guidelines but could be easily treated, raising fundamental questions about the legal weight of interpretive guidelines versus binding regulations. The Tribunal's ruling clarifies the

The BC Court of Appeal's recent ruling opens new possibilities for Charter application to BC universities, while regulatory developments reshape privacy obligations through the Safe Social Media Act. These legal shifts carry significant implications for institutional governance and digital platform compliance.

A Federal Court of Appeal decision has introduced new strategic considerations that developers must navigate when designing environmental and impact assessments for major infrastructure and resource projects. The ruling establishes precedents that could reshape how project proponents approach regulatory compliance and stakeholder consultation in the assessment process.

Prime Minister Mark Carney has nominated Chief Justice Glenn D. Joyal of Manitoba's Court of King's Bench to fill the Western Canada seat on the Supreme Court of Canada. This historic appointment marks Manitoba's first representation on the nation's highest court in over a decade and maintains the tradition of regional representation and functional bilingualism at the Supreme Court level.