Supreme court allows court challenge of ethics report on Trudeau’s WE charity decision

The Supreme Court of Canada has ruled that watchdog group Democracy Watch can move forward with a legal challenge of a federal ethics commissioner’s report involving former prime minister Justin Trudeau’s role in decisions related to WE Charity.

In May 2021, then-Federal Ethics Commissioner Mario Dion concluded that Trudeau did not violate the Conflict of Interest Act when he took part in discussions and decisions involving WE Charity, an organization that operated programs in Canada and internationally.

Following the decision, Democracy Watch applied for a judicial review of Dion’s ruling at the Federal Court of Appeal. However, government lawyers argued that the challenge should be dismissed, saying the Conflict of Interest Act prevents courts from reviewing certain questions involving facts and legal interpretations.

The Federal Court of Appeal rejected Democracy Watch’s application, leading the group to appeal the matter to the Supreme Court of Canada.

In its decision released today, the country’s top court ruled that political oversight of the ethics commissioner was not a sufficient alternative to judicial review. The ruling allows Democracy Watch’s legal challenge to proceed.

The decision does not determine whether Trudeau violated ethics rules, but it clears the way for the court to examine the process and legal issues surrounding the ethics commissioner’s report.