Canadian Practice

Through, Sujit Choudhry helps law firms, governments, businesses and individuals navigate complex issues in Canadian constitutional law (federalism, the Charter, and indigenous rights) and regulatory law.

Choudhry is a leading expert on the Canadian Constitution. His work has been cited with approval by the Supreme Court of Canada and courts across Canada. He has published over 100 articles, book chapters, working papers and reports — and has written on every aspect of Canadian constitutional law.

Choudhry has advised on, and been involved in litigating, a broad range of constitutional matters. His involvement has extended to every stage of the litigation process. He conducted oral argument before the Supreme Court of Canada in Charkaoui and Khadr 2, and also appeared before the Supreme Court in Khadr 1.

Choudhry’s clients have included law firms, large and small private corporations, trade industry associations, Canadian governments, public sector agencies, international organizations, government commissions and committees, and NGOs.

Choudhry has addressed constitutional issues in a broad range of sectors, including: agriculture, education, energy, environment, gaming, healthcare, labour relations, national security, social services, and telecommunications.

Representative examples of his work include:

  • a regulatory proceeding against a large, private corporation facing an administrative penalty of hundreds of millions of dollars
  • a Charter remedies dispute involving billions of dollars of public expenditure
  • a constitutional challenge to the failure of a provincial government to fully fund therapy for autistic children
  • a high stakes federal-provincial dispute over proposed federal legislation to allow for an elected Senate
  • a claim for compensation by members of an industry trade association in response to the cancellation of licenses by a provincial regulatory authority
  • a constitutional challenge to the decision of a provincially-funded social service provider on an issue involving child welfare
  • a constitutional opinion on federal and provincial jurisdiction over agriculture, in the context of a potential challenge to provincial legislation
  • a constitutional challenge to the detention regime under security certificates issued pursuant the Immigration and Refugee Protection Act
  • a constitutional challenge to compel the federal government to provide diplomatic protection and documentary discovery to a Canadian citizen detained at Guantanamo Bay

Choudhry has been retained to provide legal and policy advice to government commissions and committees, including:

  • the Royal Commission on the Future of Health Care in Canada (the Romanow Commission)
  • the National Advisory Committee on SARS and Public Health (the Naylor Committee)
  • the Ontario Citizens’ Assembly on Electoral Reform

Choudhry has also been deeply involved in public policy development and public service, including through membership on:

  • the Academic Advisory Committee to the Province of Ontario’s Democratic Renewal Secretariat
  • the Board of Directors of Legal Aid Ontario
  • the Governing Toronto Advisory Panel (a three-person blue ribbon panel appointed by Toronto City Council to recommend a new governance structure for the City of Toronto)