Administrative and Constitutional Law
Practice area
At Circle Barristers, we specialize in administrative and constitutional law, including under the Charter and federalism.
We frequently appear in the Federal Court, Ontario Superior Court, Divisional Court (Ontario), as well as the Ontario Court of Appeal, Federal Court of Appeal, British Columbia Court of Appeal, and the Supreme Court of Canada. We also appear at public inquiries and arbitrations on public law matters.
We are engaged in some of the most important cases across Canada. These include:
Democracy Watch v. AGC: a challenge to the constitutionality of a partial private clause that shields decisions of the federal Conflict of Interest and Ethics Commissioner from judicial review.
Bjorkquist et al. v. AG Canada: A successful Charter challenge to the “second generation cut off” in the Citizenship Act, based on section 15 discrimination (sex and national origin), and section 6 mobility rights.
Cool World v. Twitter: Contract claim against Twitter (now X) for refusing to run an advertisement, raising the question of whether Twitter’s ad policies are void under the doctrine of public policy, which incorporates the Charter value of freedom of expression.
Canadian Constitution Foundation v. AG Canada: A successful challenge to the legality and constitutionality of public order emergency declared under the Emergencies Act.
Loshaj v. AG Canada: A constitutional challenge to section 39 of the Canada Evidence Act class privilege for cabinet confidences, shielding them from disclosure in court proceedings.
We also frequently appear for interveners in high-profile public law appeals. These include:
English Montreal School Board v AG Quebec: Represented the South Asian Legal Clinic of Ontario, South Asian Legal Clinic of BC, and South Asian Women's Community Centre, in a landmark challenge to the constitutionality of Quebec's use of the notwithstanding clause in Bill 21
Caruso v. Law Society of Ontario: Representing the Canadian Immigration Lawyers’ Association, making submissions regarding the federal-provincial division of powers for the regulation of legal advice and representation in immigration and refugee law, specifically regarding paralegals.
Knauff v. Human Rights Tribunal of Ontario: Represented a coalition of interveners – Advocacy Center for Tenants Ontario, Animal Justice, Canadian Civil Liberties Association, Centre for Free Expression, Democracy Watch, and Income Security Advocacy Centre – before the Ontario Court of Appeal in a landmark judicial review addressing the appropriate legal test for leave to appeal from decisions of the Divisional Court.
Niagara Police Services Board v. Shanthakumar et al., Ontario Court of Appeal: Represented the intervener, the South Asian Legal Clinic of Ontario, regarding the interpretation of negligence in light of the Charter value of equality.
Democracy Watch v. Ontario Integrity Commissioner: Represented a coalition of interveners – Animal Justice, British Columbia Civil Liberties Association, and Centre for Free Expression – advocating that public interest standing should be granted when the interests of private litigants are misaligned with the public interest.
Khorsand v. Toronto Police Services Board: Made submissions on behalf of the intervener the South Asian Legal Clinic of Ontario, regarding the interpretation of the Air Canada factors (used to determine if a decision is subject to public or private law) in light of the Charter value of equality.
