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| 2019 in Canadian law | |
|---|---|
| Year | 2019 |
| Country | Canada |
| Field | Law |
2019 in Canadian law
The year 2019 saw significant developments across Canadian statutes, judicial decisions, regulatory action, criminal law, professional regulation, and constitutional disputes. Federal legislation, rulings from the Supreme Court of Canada, provincial regulatory shifts in Ontario, Quebec, British Columbia, and litigation touching on rights under the Canadian Charter of Rights and Freedoms shaped legal practice alongside international obligations under treaties such as the United Nations Declaration on the Rights of Indigenous Peoples and trade instruments like the Canada–United States–Mexico Agreement.
Parliament enacted statute changes including measures in the Criminal Code amendments tied to the Public Safety Canada agenda, the federal government's updates to the Income Tax Act provisions related to interprovincial commerce under the Department of Finance (Canada), and revisions to the Immigration and Refugee Protection Act affecting adjudication by the Immigration and Refugee Board of Canada. The federal legislature passed reforms touching the Competition Act enforcement frameworks overseen by the Competition Bureau (Canada), and amendments to the Canadian Environmental Protection Act, 1999 reflecting commitments to the Paris Agreement. Legislation impacting the Canada Labour Code and statutes administered by Employment and Social Development Canada addressed workplace standards and paid leave. Parliament also moved on intellectual property through updates to the Copyright Act in contexts involving platforms like YouTube and firms such as Bell Canada and Rogers Communications.
The Supreme Court of Canada delivered key judgments interpreting the Canadian Charter of Rights and Freedoms in appeals involving the Criminal Code, administrative law standards from institutions like the Canada Revenue Agency and the Immigration and Refugee Board of Canada, and Aboriginal law rooted in precedents from R v Sparrow and Delgamuukw v British Columbia. Panels of justices including Chief Justice Richard Wagner addressed sentencing principles, Aboriginal title, and statutory interpretation with citations to earlier decisions such as R v Gladue and R v Jordan. The Court clarified standards of review in judicial review proceedings engaging the Federal Courts of Canada and provincial appellate courts, and considered privacy claims implicating the Privacy Commissioner of Canada and statutory schemes like the Personal Information Protection and Electronic Documents Act.
Regulators in 2019 acted across sectors: the Bank of Canada and the Office of the Superintendent of Financial Institutions issued guidance affecting banks including Royal Bank of Canada and Toronto-Dominion Bank, while the Canadian Radio-television and Telecommunications Commission regulated broadcasting and telecommunications market conduct involving Bell Media and Shaw Communications. The Canadian Securities Administrators coordinated provincial securities rules touching on exchanges such as the Toronto Stock Exchange and registrants like RBC Dominion Securities. Provincial regulators—Financial Services Regulatory Authority of Ontario, Autorité des marchés financiers in Quebec, and the British Columbia Securities Commission—implemented compliance regimes affecting pension plans, insurers like Manulife Financial, and mortgage lenders. Environmental permitting disputes involved agencies like Environment and Climate Change Canada and provincial ministries in Alberta and Saskatchewan.
Policing reforms engaged forces such as the Royal Canadian Mounted Police and municipal services including the Toronto Police Service and Vancouver Police Department following public inquiries and standards set by the Ontario Civilian Police Commission and provincial ministries of public safety. Legislative and prosecutorial policy shifts affected bail and pre-trial detention under the Criminal Code and prosecutorial discretion by offices like the Public Prosecution Service of Canada and provincial attorneys general including Doug Ford's ministry in Ontario and François Legault's government in Quebec. High-profile matters involving use of force prompted civil litigation referencing police oversight bodies such as the Independent Investigations Office (British Columbia) and the Office of the Independent Police Review Director (Ontario).
Notable litigation reached appellate courts and administrative tribunals: immigration and refugee appeals before the Federal Court of Appeal and the Immigration Appeal Division; labour disputes in the Ontario Court of Appeal and arbitration panels involving unions like the Canadian Union of Public Employees; and commercial litigation featuring corporations such as Air Canada and Canadian Natural Resources Limited. Aboriginal law cases involving First Nations and bands under the Department of Indigenous Services (Canada) raised title and consultation issues tracing back to decisions like Haida Nation v British Columbia (Minister of Forests). Charter challenges appeared in litigation before provincial courts such as the Court of Queen's Bench of Alberta and appellate courts in Nova Scotia and New Brunswick.
Regulatory bodies including the Federation of Law Societies of Canada, provincial law societies like the Law Society of Ontario and the Law Society of British Columbia, and legal aid authorities reviewed standards of competence, access to justice, and funding models impacting firms and clinics affiliated with universities such as the University of Toronto Faculty of Law and Osgoode Hall Law School. Reforms touched continuing professional development, disputes over articling requirements, and governance of tribunals including the Immigration and Refugee Board of Canada and the Canadian Human Rights Commission.
Canada's obligations under treaties—such as the United Nations Convention on Biological Diversity and the International Covenant on Civil and Political Rights—informed statutory interpretation and regulatory policy. Constitutional litigation tested federalism divisions between Ottawa and provinces including Alberta and Quebec over natural resources and carbon pricing linked to the Greenhouse Gas Pollution Pricing Act. Cross-border litigation and mutual legal assistance involved partners like the United States Department of Justice and institutions under the Canada–United States–Mexico Agreement, while extradition matters engaged cases under the Extradition Act.