Executive Power Has Limits: Understanding The Rule Of Law In Canada

For the past several weeks, headlines have been dominated by news of sweeping executive reform actions taking place south of the border. Under President Trump's first weeks of rule, a number of executive orders have been issued on subjects ranging from stripping federal DEI programs, cutting ties with various international scientific organizations, and razing the federal public service. Can an executive (like the President, or in Canada, the Prime Minister) actually do this? Knowing the limits on an executive's sphere of power is crucial to being able to hold that executive to account.

The rule in Canada is that executive action does have limits. Roncarelli v Duplessis, a 1959 decision of the Supreme Court that has been described as "Canada's most important decision on the rule of law", holds that public officials must exercise their authority in good faith and not arbitrarily. Under Roncarelli, even if an official (including a head of government) has discretion to