This is my second post in my ‘new issues’ series: the first post can be accessed here. There is an instructive discussion in a recent Federal Court of Appeal case. In Canada (Attorney General) v. Medline Canada Corporation, 2026 FCA 74, the Attorney General had appealed from a decision of the Canadian International Trade Tribunal. […] Read more

I am aware of a technical issue with posts on the blog. Sometimes the text does not appear. The tech team is working on a solution. In the meantime, a simple workaround is to refresh the page once you have landed on it. The text is all there in the system, there is just a […] Read more

This morning the Supreme Court of Canada unanimously allowed the appeal in Democracy Watch v. Canada (Attorney General), 2026 SCC 28. With Sujit Choudhry, I represented the appellant. This is an extremely consequential decision, clarifying the constitutional basis of judicial review of administrative action in Canada and reasserting settled principles in relation to adequate alternative […] Read more

This is the first in a series of posts about raising new issues on judicial review. A court “has a discretion not to consider an issue raised for the first time on judicial review where it would be inappropriate to do so” (Alberta (Information and Privacy Commissioner) v. Alberta Teachers’ Association, 2011 SCC 61, [2011] […] Read more