Canada's top court allows courts to review ethics commissioner decisions

The Supreme Court of Canada unanimously ruled that Section 66 of the Conflict of Interest Act, which barred courts from reviewing the ethics commissioner’s decisions, is of no legal effect. The justices emphasized that the power to assess the legality of delegated authority belongs exclusively to the judiciary and that such oversight is constitutionally guaranteed. The decision arose from a 2021 application by Democracy Watch seeking a judicial review of the commissioner Mario Dion’s conclusions in the WE Charity scandal, which examined whether Prime Minister Justin Trudeau and former Finance Minister Bill Morneau had breached conflict-of-interest rules.

Although the Supreme Court did not address the substantive allegations against Trudeau or Morneau, it affirmed that the Federal Court of Appeal erred in dismissing Democracy Watch’s request for review. The ruling enables any party to challenge administrative tribunal decisions on factual or legal grounds. Democracy Watch co-founder Duff Conacher said the judgment strengthens the public’s ability to hold agencies and governments accountable. The case underscores the broader implications for administrative law across Canada.