A New Constitutional Guarantee Of Judicial Review

On July 30, 2026, the Supreme Court of Canada released a landmark ruling in Democracy Watch v Canada (Attorney General). The Court sought to determine whether the partial privative clause (a provision in a law that tries to limit or block courts from reviewing a decision) in s. 66 of the federal Conflict of Interest Act is a valid bar to judicial review on questions of fact and law, or whether it should be deemed inoperative to the extent it infringes on the constitutionally guaranteed core minimum of judicial review.

Chief Justice Wagner wrote the Court’s unanimous decision. The Court determined that s. 66, a privative clause, purported to oust judicial review on questions of fact and law. It ruled that s. 66 is therefore inconsistent with ss. 96 to 101 of the Constitution Act, 1867. Pursuant to s. 52(1) of the Constitution Act, 1982, the Court declared s. 66 of no force and effect.