Share on LinkedInShare on LinkedIn

ARTICLE · 17 JULY 2025

Practical Challenges In Litigating Against Government: Insights From Canada (Prime Minister) v. Hameed

Fasken
Explore more from Fasken

This dispute arose as a result of a letter Chief Justice of Canada Richard Wagner wrote to then-Prime Minister Justin Trudeau in May 2023 to express "deep concern with regard...

CanadaLitigation, Mediation & Arbitration
Peter Mantas
Peter Mantas
Alexandra Logvin
Alexandra Logvin
Clive Ngan
Clive Ngan
Author LinkedIn connections

The Federal Court of Appeal recently released its decision in Canada (Prime Minister) v. Hameed (2025 FCA 118).

This dispute arose as a result of a letter Chief Justice of Canada Richard Wagner wrote to then-Prime Minister Justin Trudeau in May 2023 to express "deep concern with regard to the significant number of vacancies within Federal Judicial Affairs and the government's inability to fill these positions in a timely manner."

Shortly thereafter, a judicial review application was brought to compel the Prime Minister and Minister of Justice to fill these judicial vacancies. Ultimately, the Federal Court issued a declaration expressing its "expectation" that the federal government take steps to reduce the total number of vacancies in order to rectify an "untenable and appalling crisis."

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

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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

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
Article

Plaintiffs Awarded A Total Of $800,000 In Damages For Defamation (Murdy v. Barrette)

A Canadian court awarded $800,000 in damages to a couple defamed by serious false allegations of sexual assault and criminal misconduct spread through social media. The case examines how factors like the severity of accusations, use of social media platforms, and a defendant's failure to mount a defense can dramatically escalate defamation damages beyond typical awards.
CanadaLitigation, Mediation & Arbitration
Gardiner Roberts LLP
Gardiner Roberts LLP
Article

Ontario’s New AI Rules: What Lawyers And Expert Witnesses Need To Know

Ontario's Rules of Civil Procedure now include strict amendments requiring lawyers and expert witnesses to certify the authenticity of every citation and authority used in court materials. These new anti-hallucination provisions impose significant penalties for presenting AI-generated fabricated authorities, fundamentally shifting accountability for artificial intelligence use in litigation.
CanadaLitigation, Mediation & Arbitration
Soloway Wright
Soloway Wright
Article

Not Beyond Reproach: Alberta Court Confirms Jurisdiction Over Alberta Energy Regulator

The Alberta Court of King's Bench has confirmed its jurisdiction to grant injunctive relief against the Alberta Energy Regulator despite a broadly worded statutory privative clause. This landmark decision, arising from Sumerian Oil & Gas's application to stay a suspension order affecting approximately 900 wells, represents one of the first considerations of the Supreme Court of Canada's recent Democracy Watch ruling and may significantly impact future disputes involving AER orders.
CanadaLitigation, Mediation & Arbitration
MLT Aikins LLP
MLT Aikins LLP
Article

Canada’s Counter-Tariffs On US Goods: A Primer On What Canadian Businesses Need To Know

Effective September 8, 2026, Canada implemented retaliatory tariffs on certain U.S. goods in response to the initial 50% tariffs imposed by the US under Section 338 of the Tariff Act of 1930. To operationalize these measures, the Canada Border Services Agency (CBSA) issued Customs Notice 26-23, establishing binding administrative rules on how the surtax will be applied, calculated, and collected.
CanadaInternational Law
Fasken
Fasken
Article

Counter-Tariffs In Force, U.S. Import Bans Announced, A Cabinet Planning Forum, An Investment Summit, EU Diplomatic Overtures And A House Returning

With Labour Day now behind us, Parliament Hill is gearing up for its September 21 return. Canada’s counter-tariffs on nearly $28 billion in American goods are now in force, and the United States has already escalated in response: President Trump has signed measures to ban certain Canadian alcohol, dairy-related products, molasses, non-alcoholic beer, motorcycles and mopeds from entering the U.S. market as of September 29, while modifying the list of Canadian goods subject to 50% tariffs effective September 15 and directing action to remove Canadian-origin products from U.S. government procurement schedules.
CanadaInternational Law
Fasken
Fasken
Article

Buying Quebec, Buying Canadian: What The New Orders In Council 1358-2026 And 1359-2026 Mean For Procurement

Under Order in Council 1358-2026, the Québec government authorizes, from September 7, 2026 to January 31, 2027, the Centre d'acquisitions gouvernementales (the “CAG”) to depart from the general principle that public calls for tenders must be open and without discrimination to foreign suppliers from jurisdictions bound by an intergovernmental agreement with Québec.
CanadaGovernment, Public Sector
Fasken
Fasken
Article

More Than Skin Deep: Ontario Considers A Makeover Of Cosmetic Injection Rules

A regulatory shift now under consideration in Ontario could reshape how the province’s medical aesthetic clinics operate. The proposal, which would change how nurses are authorized to administer medical aesthetic services, invites a broader look at how Ontario currently regulates cosmetic injections and how the proposed changes would align the province more closely with the regulatory frameworks already in place elsewhere in Canada. While these procedures are often marketed as routine “spa” services, they remain medical acts that involve prescription products and carry clinical risks.
CanadaFood, Drugs, Healthcare, Life Sciences
Fasken
Fasken
Article

Life Sciences-Health Canada Takes Action Against Unauthorized Peptide Sales

On July 29, 2026, Health Canada announced that it had obtained a permanent injunction against a Québec-based company in connection with the sale of unauthorized injectable peptides in Canada. The announcement reflects Health Canada’s continued focus on peptide products and serves as a reminder that injectable peptides intended for human use are regulated as prescription drugs and are subject to Canada's drug regulatory framework.
CanadaFood, Drugs, Healthcare, Life Sciences
Fasken
Fasken
Article

Cleared For Takeoff? The Legal Reality Of Commercial Drones In Canada

Unmanned Aerial Systems (UAS), commonly referred to as drones, are increasingly used in Canada for commercial purposes such as infrastructure inspection, real estate photography, agriculture, filmmaking, mapping and resource exploration. Their advantages are clear: they are flexible, relatively inexpensive and capable of collecting information from angles and locations that would otherwise be difficult to access.
CanadaTransport
Fasken
Fasken