#226 - Can Parliament Block Judicial Review? With Paul Daly and Sujit Choudhry

#226 - Can Parliament Block Judicial Review? With Paul Daly and Sujit Choudhry

Can Parliament prevent courts from reviewing the decisions of administrative tribunals?


In this episode, we discuss the Supreme Court of Canada’s landmark decision in Democracy Watch v. Canada (Attorney General), 2026 SCC 28. The case arose after Democracy Watch sought judicial review of the Ethics Commissioner’s finding that former prime minister Justin Trudeau had not violated the Conflict of Interest Act in relation to the WE Charity controversy. The Court unanimously ruled that Parliament cannot prevent courts from reviewing whether administrative decision-makers have acted lawfully.


We examine what the decision says about the constitutional foundations of administrative law. We also discuss what the ruling could mean for privative clauses, reasonableness review, and future challenges to federal administrative decisions in the immigration context.


Live audience questions answered include what the case could mean for mandamus applications involving delays caused by Ministerial Instructions, and concerns about the apparent growing lack of public confidence in the courts.

Hosted on Acast. See acast.com/privacy for more information.

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#233 - China, Espionage and Canadian Immigration Law: How Far Is Too Far?, with Joanna Chiu

#233 - China, Espionage and Canadian Immigration Law: How Far Is Too Far?, with Joanna Chiu

How should Canada respond to concerns about Chinese espionage and foreign interference without treating every connection to China as a national security threat? Joanna Chiu, journalist, author of Chin...

29 Syys 59min

#232 - Firing Foreign Workers: Immigration Status, Severance & Employment Law

#232 - Firing Foreign Workers: Immigration Status, Severance & Employment Law

What happens when a foreign worker loses their authorization to work in Canada? Can an employer put them on unpaid leave? Lay them off? Terminate them? And what happens to severance when a worker’s im...

22 Syys 53min

#231 - Trump, the Canada–U.S. Border and the Future of U.S. Immigration, with Andrew Hayes

#231 - Trump, the Canada–U.S. Border and the Future of U.S. Immigration, with Andrew Hayes

What has actually changed at the Canada–U.S. border under the second Trump administration, and what is just noise?U.S. immigration lawyer Andrew Hayes joins to discuss the state of U.S. immigration la...

14 Syys 59min

#230 - Becoming a Francophone, with Alyanna Chua

#230 - Becoming a Francophone, with Alyanna Chua

Canada wants more Francophone immigrants. But what happens when people who have already built their lives in Canada suddenly discover that learning French may be their best, or only, pathway to perman...

8 Syys 58min

#229 - What Counts as Unauthorized Work in Canada? Plus Free Trade Work Permits

#229 - What Counts as Unauthorized Work in Canada? Plus Free Trade Work Permits

What actually counts as “work” under Canadian immigration law? The answer is much broader than simply receiving a paycheque.We discuss a recent Federal Court decision involving unauthorized work and t...

1 Syys 35min

#228 - How Express Entry Went Off the Rails, with Steven Paolasini

#228 - How Express Entry Went Off the Rails, with Steven Paolasini

Canada’s Express Entry system was designed to rank skilled immigrants predictably and select those most likely to succeed economically. Has it instead become an unpredictable collection of category-ba...

25 Elo 51min

#227 - LMIA Exemption Code C-20, “Papers Please” and IRGC Conscripts

#227 - LMIA Exemption Code C-20, “Papers Please” and IRGC Conscripts

We discuss three recent developments:IRCC’s abrupt addition and removal of new requirements for C20 reciprocal-employment work permits;CBSA officers checking the immigration status of participants at ...

18 Elo 45min

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