Supreme Court of Canada Hearings

The appellant, Democracy Watch applied for judicial review of a report by the Conflict of Interest Ethics Commissioner (“Commissioner”). The report concluded that the former Prime Minister Justin Trudeau did not contravene the Conflict of Interest Act, S.C. 2006, c. 9, s. 2, (the “COIA”) when he participated in two decisions involving WE Charity. The respondent, Attorney General of Canada moved to strike the application, arguing that Democracy Watch lacked standing and that the application was based on grounds barred from judicial review by s. 66 of the COIA, which prevents an applicant from bringing an application for judicial review on questions of law and fact. Under s. 66, the Commissioner’s decisions can only be reviewed on the grounds limited to issues of jurisdiction, procedural fairness, or acting or failing to act “by reason of fraud or perjured evidence.”On December 5, 2022, the Federal Court of Appeal ruled that the appellant has public interest standing, but left the issue of whether the application was barred by s. 66 to the panel hearing the application.The Federal Court of Appeal granted the Attorney General’s motion to strike the application for judicial review. Democracy Watch’s application for judicial review was dismissed.

Argued Date

2026-01-15

Keywords

Administrative law — Judicial review — Privative clause — Federal Court of Appeal finding available alternative political remedies combined with relevant provisions of Conflict of Interest Act effectively barring intervention — Application for judicial review dismissed — Whether possibility of political oversight is adequate alternative remedy to judicial review — Whether partial privative clause in s. 66 of Conflict of Interest Act precludes application for judicial review — If yes, whether s. 66 is of no force and effect because it is inconsistent with Constitution Act, 1867 — Conflict of Interest Act, S.C. 2006, c. 9, s. 66.

Notes

(Federal) (Civil) (By Leave)

Language

English Audio

Disclaimers

This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).