Top court to decide if challenge to Trudeau ethics ruling can proceed

The Supreme Court will hear arguments as Democracy Watch asks courts to review the reasonableness of a federal ethics commissioner's ruling about Justin Trudeau, while federal lawyers say the Conflict of Interest Act limits such judicial review.

The Supreme Court of Canada is set to hear arguments this week about whether courts can review a federal ethics commissioner's ruling involving former prime minister Justin Trudeau. Democracy Watch has asked the court to allow the Federal Court of Appeal to examine and rule on its challenge to the ethics report. Federal lawyers have asked the Supreme Court to dismiss the appeal, saying the Conflict of Interest Act restricts judicial review. The underlying report, issued in May 2021 by then-ethics commissioner Mario Dion, concluded Trudeau did not breach the Conflict of Interest Act in the decision to have WE Charity administer a student volunteer program. Key details: - Democracy Watch applied in June 2021 for judicial review, alleging errors of law and an error of fact in Dion's ruling. - Mario Dion's May 2021 report found no breach, noting recusal would have been advisable but was not required under the act. - Federal lawyers argue the Conflict of Interest Act bars judicial review on questions of fact and law and allows court intervention only in limited circumstances such as jurisdictional error, unfairness, fraud or perjury. - The Federal Court of Appeal dismissed Democracy Watch's application in 2024, saying the act provides for dual parliamentary and judicial oversight and emphasizing political oversight as an alternative. - The Supreme Court scheduled oral arguments for Wednesday and Thursday, and several intervening parties have filed submissions. Summary: The Supreme Court's decision will clarify whether courts may review the reasonableness of findings by the federal ethics commissioner and the balance between parliamentary oversight and judicial review. Oral arguments are scheduled for Wednesday and Thursday before the Supreme Court.