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ARTICLE · 11 FEBRUARY 2026

What's Hot In Public Law In 2026

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Public law is everywhere in 2026, with courts tackling issues ranging from project permitting to bike lanes, and from privative clauses to Indigenous rights.

CanadaGovernment, Public Sector
Andrew Bernstein
Andrew Bernstein
T. Ryan Lax
T. Ryan Lax
Yael Bienenstock
Yael Bienenstock
Arif Virani
Arif Virani
Jon Silver
Jon Silver
Michaela Hill
Michaela Hill
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Public law is everywhere in 2026, with courts tackling issues ranging from project permitting to bike lanes, and from privative clauses to Indigenous rights. In this article, we highlight the top administrative and constitutional law cases that we expect will be heard and/or decided this year.

The Court's oversight role

An important theme in public law remains the scope and limits of the judicial role when it is overseeing government action. Four important cases will answer key questions pertaining to this role, including:

  • Can legislatures shield administrative decisions from review? The Supreme Court kicked off this year by hearing Democracy Watch v. Attorney General of Canada1. The issue was whether the constitution prohibits strong statutory restrictions on judicial review (known as "privative clauses"). Many statutes feature privative clauses, so this decision could have broad implications for the scope of review.

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