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Supreme Court of Canada › Judicial Review › Constitutional Challenges

Blake, Cassels & Graydon LLP

Judicial Review Notwithstanding the Charter’s “Notwithstanding” Clause? Yes, Says Saskatchewan’s Court of Appeal

Blake, Cassels & Graydon LLP on

On August 11, 2025, the Court of Appeal for Saskatchewan (SKCA) released a major decision about section 33 of the Canadian Charter of Rights and Freedoms (Charter), which is colloquially referred to as the “notwithstanding”...more

Davies Ward Phillips & Vineberg LLP

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

Davies Ward Phillips & Vineberg LLP on

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

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