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ARTICLE · 15 SEPTEMBER 2026

Landmark SCC Ruling Provides Clarity On Privative Clauses

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The Supreme Court of Canada has delivered a landmark ruling declaring section 66 of the Conflict of Interest Act unconstitutional, fundamentally reshaping the boundaries between legislative authority and judicial oversight of administrative decisions. This unanimous decision addresses longstanding questions about the validity of privative clauses that restrict courts' ability to review findings by Parliament's ethics commissioner.

CanadaLitigation, Mediation & Arbitration
Andrew Bernstein
Andrew Bernstein
Jeremy Opolsky
Jeremy Opolsky
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In a significant decision, the Supreme Court of Canada unanimously ruled that section 66 of the Conflict of Interest Act is unconstitutional and of no force or effect. The provision limited courts’ ability to review findings by Parliament’s ethics commissioner, permitting judicial review only in certain circumstances.

Partner Andrew Bernstein who acted as co-counsel for an intervener in the case, told National Magazine that the ruling stands among the most consequential administrative law decisions since Vavilov. In his view, the Court took an expansive approach to resolving the issue.

“They could have decided that the provision was ultra vires on a narrower ground, but they decided to swing for the fences,” Andrew said.

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