Kerry Boyd

The Attorney General of Canada appealed from the Alberta Court of Appeal's ruling that the federal Impact Assessment Act and Physical Activities Regulations were entirely ultra vires Parliament.

The Supreme Court allowed the appeal in part, holding that the designated projects scheme is unconstitutional because it is not in pith and substance directed at regulating effects within federal jurisdiction — those effects do not drive the scheme's decision-making functions — and because the defined term 'effects within federal jurisdiction' does not align with federal legislative jurisdiction.

However, the secondary scheme in ss. 81 to 91 of the IAA, which governs projects on federal lands or outside Canada, was found to be clearly intra vires and severable.

The dissent would have upheld the entire legislation as validly directed at assessing and regulating adverse federal effects.

The applicant sought a mandatory interlocutory injunction to compel the Leaders' Debates Commission to grant media accreditation to its journalists for the upcoming federal election debates.

The Commission had denied accreditation, relying on guidelines addressing conflict of interest, and the applicant alleged the decision was arbitrary and unfair.

The Court found a strong prima facie case of arbitrary differential treatment in the accreditation process, irreparable harm from being prevented from participating in the political process, and a balance of convenience favouring the applicant.

The injunction was granted.

The applicants sought judicial review of the Minister's decision to require an Attestation for the 2018 Canada Summer Jobs program, which required applicants to attest that their core mandate respects individual human rights, including reproductive rights.

The right-to-life organization refused to sign and its funding application was rejected.

The Federal Court dismissed the application, finding the Attestation was intra vires the Department of Employment and Social Development Act and was not made in bad faith or with a closed mind.

While the Attestation minimally engaged freedom of religion and expression, it reflected a proportionate balancing with the statutory objective of ensuring an inclusive labour market and protecting human rights.

The applicant, a faith-based institution, sought judicial review of a decision denying its application for Canada Summer Jobs program funding.

The court allowed the application, finding that the decision was procedurally unfair and unreasonable.

The Minister breached procedural fairness by not providing the applicant notice of concerns regarding alleged discrimination, denying them the opportunity to respond.

Furthermore, the decision was unreasonable because the record showed the Minister never actually assessed whether the applicant's project discriminated contrary to applicable laws.

A declaration was issued that the decision was procedurally unfair and unreasonable, and the applicant was awarded costs on a solicitor and client basis.

In multiple applications for judicial review challenging the 2020 firearms ban regulations, the applicants sought documentary disclosure from the Governor in Council under Rule 317 of the Federal Courts Rules.

The respondent objected on the basis of Cabinet confidentiality but failed to issue a certificate under section 39 of the Canada Evidence Act.

The Court held that without a valid certificate, the statutory absolute protection from review was not triggered.

Instead, the common law applied, requiring the Court to review the documents to balance the public interest in disclosure against confidentiality.

The Court ordered the respondent to file the materials under seal for the Court's review.

The applicants sought an interlocutory injunction staying the operation of regulations prohibiting certain firearms pending the outcome of their applications for judicial review.

The Federal Court dismissed the motions, finding the applicants failed to demonstrate with clear and non-speculative evidence that they would suffer irreparable harm without the injunction.