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ARTICLE · 15 SEPTEMBER 2026

Supreme Court Strikes Down Privative Clause: What Democracy Watch v Canada Means For Administrative Decision-makers

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The Supreme Court of Canada has unanimously struck down a privative clause in the Conflict of Interest Act that attempted to bar judicial review of the Ethics Commissioner's decisions. The ruling establishes that the Constitution guarantees a minimum of legality review over all administrative decisions, with implications extending to labour relations, workers' compensation, and immigration legislation containing similar clauses.

CanadaLitigation, Mediation & Arbitration
Stephanie Moeck
Stephanie Moeck
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The Supreme Court of Canada (the “Court”) has unanimously struck down a privative clause in the Conflict of Interest Act that attempted to bar judicial review of the Ethics Commissioner’s decisions on questions of fact and law. In Democracy Watch v Canada (Attorney General), 2026 SCC 28, the Court held that the Constitution guarantees a minimum of legality review over all administrative decisions, and that this guarantee cannot be legislated away.

The implications of this decision extend well beyond the Ethics Commissioner. Any statute containing a privative clause, a common feature of labour relations, workers’ compensation, and immigration legislation, may now be vulnerable to challenge.

Administrative decision-makers, policy drafters, and the lawyers who advise them should take note.

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