The Petrishki Decision and Administrative Tribunal Independence
The Quebec Court of Appeal ruled that special clerks and bankruptcy registrars (SC/BR) are protected by the Constitution’s unwritten principle of judicial independence, a decision now appealed to the Supreme Court. The court distinguished SC/BR from members of administrative tribunals, which only receive statutory safeguards. Justice Morissette’s opinion emphasized the adjudicative nature of SC/BR and their integral role in the judicial branch. The author challenges this distinction, arguing that many administrative tribunals also perform purely adjudicative functions and should enjoy comparable constitutional guarantees.
The Charter Takes a Hike: Evely V. Nova Scotia (Minister of Natural Resources), 2026 NSSC 118
The Nova Scotia Minister of Natural Resources issued a province‑wide ban on walking in woods during wildfire season, invoking s. 25 of the Forests Act. The ban was challenged by Mr. Evely, who argued it infringed his Section 6 mobility rights under...
Parliamentary Committee Submissions on Internal Trade Barriers
Professor Paul Daly testified before the Standing Committee on International Trade, arguing that Canada remains fragmented by provincial trade barriers that restrict the free movement of goods, services, labor, and capital. He highlighted that the Constitution bars unilateral federal action,...
Judicial Oversight of Delay at Administrative Tribunals: Bokhari V. Top Medical Transportation Services, 2026 ONSC 1073 and Benison V. Canada...
Two 2026 decisions sharpen judicial oversight of administrative tribunals. The Ontario Divisional Court ruled that the Human Rights Tribunal’s practice of dismissing complaints on a premature jurisdictional analysis violated statutory duties. The Federal Court of Appeal clarified that mandamus can...
The Charter and Economic Integration in Canada
The Canadian Charter of Rights and Freedoms was drafted without explicit economic freedoms, leaving it largely ineffective as a tool for promoting interprovincial trade. Supreme Court decisions have narrowly interpreted Section 6(2)(b) as a limited right to work without residency, and...
Regulatory Authority in Canada
The article explains how Canada’s Constitution splits legislative authority over trade between federal and provincial governments, limiting the ability to enact nationwide regulatory or deregulatory standards. It reviews key Supreme Court decisions that have narrowed the federal trade‑and‑commerce power, especially...
The Single Market Myth: How Ottawa and the Provinces Can Finally Dismantle Canada’s Costly Internal Trade Barriers
The Macdonald‑Laurier Institute argues that Canada’s internal trade barriers remain a costly, under‑addressed obstacle to growth. While the EU enjoys seamless cross‑border commerce, Canadian provinces still regulate goods, services and professional credentials independently, creating inefficiencies. The report proposes a joint...
Adventures in Standard of Review: Gannett V. Halifax Regional Centre for Education, 2026 NSCA 16
The Nova Scotia Court of Appeal in Gannett v. Halifax Regional Centre for Education clarified that a statutory "review" triggers a limited judicial intervention rather than a full appellate standard. Justice Fichaud rejected Gannett’s request for correctness review, applying the...
Administrative Agencies Are a “They”, Not an “It”: West Whitby Landowners Group Inc. V. Elexicon Energy Inc., 2025 ONCA 821
The Ontario Court of Appeal ruled that Ontario Energy Board staff letters can constitute binding legal determinations, not merely advisory opinions. The decision arose from a dispute over whether a new substation was an expansion or enhancement, prompting the parties...
The Rule of Law, Access to Justice and Administrative Adjudication
The Law Reform Commission of Ireland released a Consultation Paper on Non‑Court Adjudicative Bodies, unveiled at a Dublin event on February 20, 2026. The launch, chaired by Justice Bolger, featured remarks from Paul Daly, former Attorney General Frank Clarke, and former Chief...
Not Such an Emergency: Canada (Attorney General) V. Canadian Civil Liberties Association, 2026 FCA 6
The Federal Court of Appeal unanimously held that the federal government’s use of the Emergencies Act during the 2022 Freedom Convoy protests was unlawful. The court applied the Vavilov framework, finding the government failed to meet objective legal and factual...