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Coherence over Deference: Regulations Are Subject to Same Standards of Judicial Review as Other Administrative Decisions

In the companion cases of Auer v Auer (Auer) and TransAlta Generation Partnership v Alberta (TransAlta), the Supreme Court of Canada (SCC) unanimously confirmed that regulations and other forms of subordinate legislation...more

Striking the Balance of Power: Supreme Court Confirms Government Has No Absolute Immunity from Charter Damages When Adopting...

In its recent decision, Canada (Attorney General) v Power (Power), a divided Supreme Court of Canada (SCC) confirmed that a government can incur liability for damages under section 24(1) of the Canadian Charter of Rights and...more

Updated “Ineligibility and Suspension Policy”: Are You at Risk of Losing Your Right to Contract with the Canadian Government?

The new policy provides for increased flexibility in the assessment of a supplier’s conduct, but targets a much broader range of situations triggering ineligibility, Introduction - The Government of Canada recently updated...more

Supreme Court of Canada Reprimands Québec Court of Appeal’s Use of “Secret Trial”

In a unanimous decision recently released in Canadian Broadcasting Corp. v Named Person, the Supreme Court of Canada (SCC) allowed, in part, the appeal from the Court of Appeal of Québec (QCA), which had sealed virtually all...more

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