Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 24 MARCH 2015

Jurisdiction And Justiciability: Hupacasath First Nation v. Canada Shows Few Decisions Shielded From Judicial Authority

DLA Piper
Explore more from DLA Piper

In the January 9, 2015 noteworthy decision Hupacasath First Nation v. Canada (Attorney General), the Federal Court of Appeal provided clarity on two important issues.

CanadaLitigation, Mediation & Arbitration
Yannick Landry
Yannick Landry
Author LinkedIn connections

In the January 9, 2015 noteworthy decision Hupacasath First Nation v. Canada (Attorney General)1, the Federal Court of Appeal provided clarity on two important issues: firstly, the federal courts' jurisdiction to review the exercise of prerogative powers; and secondly, the justiciability of the exercise of said powers – or the limits over which a court can exercise its judicial authority upon legal issues.

This bulletin outlines the ruling and reviews the scope of judicial authority granted by Parliament to the Federal Courts.

Case Background

Canada signed a reciprocal foreign investment agreement with the People's Republic of China, known as the Agreement between the Government of Canada and the Government of the People's Republic of China for the Promotion and Reciprocal Protection of Investments (the "Agreement") in September 2012. The Agreement embodies inter alia a minimum standard of treatment to foreign investors by providing a guarantee

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

BLG At The SCC – What’s Coming In The Supreme Court’s Fall 2026 Sitting Schedule

The Supreme Court of Canada held its second annual ceremony marking the opening of the judicial year at its temporary home in the West Memorial Building, with Chief Justice highlighting the Court's increased caseload and architectural features. What significant constitutional and legal challenges will the Court address in its fall 2026 session, including cases on firearm regulations, Crown immunity, and vicarious liability?
CanadaLitigation, Mediation & Arbitration
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
Article

Ontario Court Bifurcates Class Action As Practical Approach To Onerous Discovery Demands

An Ontario court granted a motion to bifurcate liability and damages stages in a class action alleging $500 million in hidden fees, finding that extensive documentary production requests were disproportionate and not relevant to determining liability. The decision addresses proportionality concerns in class actions where defendants face onerous discovery demands spanning millions of transactions over a decade.
CanadaLitigation, Mediation & Arbitration
Bennett Jones LLP
Bennett Jones LLP
Article

The Supreme Court Of Canada Reviews Québec’s Bill 21

Québec's Bill 21, enacted in 2019, bans public sector workers from wearing religious symbols and is shielded from most Charter challenges by the notwithstanding clause. The Supreme Court of Canada is now reviewing this controversial law, with a ruling expected as early as November 2026 or later in 2027. Former Minister of Justice Arif Virani discusses the court's struggle to balance competing constitutional principles in this landmark case.
CanadaLitigation, Mediation & Arbitration
Torys
Torys
Article

The Coldcard Exploit: Why Victims May Have Two Routes To Recovery

A five-year-old firmware defect in Coldcard hardware wallets has enabled attackers to systematically drain an estimated $116 million in Bitcoin from over 5,200 victims since July 2026. This unprecedented exploit raises critical questions about manufacturer liability and creates two distinct legal pathways for recovery: blockchain tracing against the perpetrators and potential litigation against Canadian manufacturer Coinkite for product defects that undermined the fundamental security promise of devices mar
CanadaLitigation, Mediation & Arbitration
WeirFoulds LLP
WeirFoulds LLP