Law360 Canada

Ottawa & provinces roll out disparate views on the ‘notwithstanding’ clause at Supreme Court

Isabelle Brunet, Quebec Department of Justice, and Guy Pratte, Borden Ladner Gervais LLP

Isabelle Brunet, counsel for the Attorney General of Quebec, and Guy Pratte of Borden Ladner Gervais LLP, council for the Attorney General of Canada, put forward opposing arguments on whether there are implied substantive limits on the use of the Charter’s s. 33 override clause.

Thursday, March 26, 2026 @ 5:58 PM

Before the Supreme Court of Canada reserved its impending historic decision on March 26, the top court heard starkly different interpretations this week about the nature and operation of the Charter’s s. 33 “notwithstanding” clause. ... [read more]

Tribunal ruling on First Nations child welfare system a ‘long-awaited milestone,’ minister says

Tuesday, March 31, 2026 @ 2:38 PM

In a letter decision, the Canadian Human Rights Tribunal has approved a deal between Ontario First Nations and the federal government, which will reform the First Nations Child and Family Services (FNCFS) Program in the province. ... [read more]

Report finds 1,000-plus Charter breaches by Ontario police

Tuesday, March 31, 2026 @ 2:33 PM

Legal observers are calling for systemic change in response to a new report that found more than 1,000 Charter violations by police in a 10-year period — a number that is being called only the tip of the iceberg. ... [read more]

PM launches process to select Justice Martin’s replacement on SCC bench

Monday, March 30, 2026 @ 5:01 PM

On March 30, Prime Minister Mark Carney launched the process to “select the next judge of the Supreme Court of Canada, who will fill the vacancy created by the upcoming retirement of Justice Sheilah L. Martin.” ... [read more]

CRA failed to comply with production order amid bias allegations: court

Monday, March 30, 2026 @ 4:03 PM

The Federal Court of Appeal has found that the Minister of National Revenue failed to comply with a prior search and production order in litigation over the revocation of the Jewish National Fund of Canada’s charitable status and has ordered further searches and disclosure. ... [read more]