Supreme Court of Canada Affirms Constitutional Protection of Judicial Review in Landmark Administrative Law Decision

The Supreme Court of Canada has unanimously ruled in Democracy Watch v. Canada (Attorney General), 2026 SCC 28 that Parliament cannot shield any aspect of an administrative decision from judicial review, striking down a provision of the Conflict of Interest Act that sought to prevent courts from reviewing questions of fact and law.

The decision arose from a challenge to the federal Ethics Commissioner's investigation into former Prime Minister Justin Trudeau over the WE Charity matter. In its judgment, the Court held that meaningful judicial review is a constitutional guarantee rooted in the rule of law and remains available to ensure that all exercises of public power are lawful.

While legislatures may presecribe how courts review administrative decisions, they cannot eliminate judicial oversight altogether, establishing an important constitutional benchmark for administrative law across Canada.

Advisory Team:

MCCARTHY TETRAULT

James S.S

Holtom

Steven Mason

Brandon Kain

Audrey-Anne Delage