65 Grafton St.
Charlottetown, P.E.
C1A 1K8
Language(s) spoken: English
Bar Admission(s): Nova Scotia, 2007; Prince Edward Island, 2007
Legal Assistant(s): Pam Myers
Providing legal services through a professional corporation.
Jonathan works primarily in the area of administrative and public law, representing individuals, government agencies, and regulated entities before courts and tribunals. He has:
- Served as counsel for an Attorney General before the Supreme Court of Canada in significant cases involving the Constitution Act, 1867.
- Acted as counsel for an intervener before the Supreme Court of Canada in cases reshaping administrative law in Canada.
- Defended the provincial Crown and public officials in civil proceedings.
- Represented a foreign state agency to recover property valued at more than $2M USD.
- Secured settlements of more than $1M CDN in civil litigation for losses resulting from defective supplies.
- Prosecuted offences under the Controlled Drugs and Substances Act as an agent of the Public Prosecution Service of Canada.
- Defended individuals in criminal and regulatory proceedings.
- Appeared in the Supreme Court of Canada, the Tax Court of Canada, the Federal Court, the Prince Edward Island Court of Appeal, the Supreme Court of Prince Edward Island, and the Provincial Court of Prince Edward Island.
- Represented parties before the Information and Privacy Commissioner of Prince Edward Island, Island Regulatory and Appeals Commission, Prince Edward Island Labour Relations Board, Prince Edward Island Human Rights Commission, Maritime Provinces Harness Racing Commission, Immigration and Refugee Protection Board of Canada, Employment Insurance Board of Referees, Public Service Commission of Canada, Transportation Appeal Tribunal of Canada, and the Commission of Inquiry into the Decline of Sockeye Salmon in the Fraser River.
Practice Areas
Education & Career
Education
University of Cambridge, LLM, 2009
Dalhousie University, LLB, 2006
University of Prince Edward Island, B.Sc., 2003
Activities
Member, Canadian Bar Association National Board of Directors
Member, Charlottetown Management Team, Stewart McKelvey
Instructor, Supreme Court Practice and Administrative Law, Prince Edward Island Bar Admission Course
Lecturer, University of Prince Edward Island, Department of Political Science
Advocacy Advisor, Supreme Court Advocacy Institute
Member, Rules of Court Committee, Prince Edward Island
Former Chair, Administrative Law Section, Prince Edward Island Branch, Canadian Bar Association
Past Chair, Administrative Law Section, National Executive, Canadian Bar Association
Former Member, Articling and Admissions Committee, Law Society of Prince Edward Island
Accolades
Lexpert rating: Litigation – Regulatory & Public Law, 2021
Best Lawyers 2021 & 2022 Administrative and Public Law “Lawyer of the Year” in Charlottetown
Lexpert® Rising Star: Leading Lawyer Under 40, 2020
Queen’s Counsel, 2019
Best Lawyers 2020 Corporate and Commercial Litigation “Lawyer of the Year” in Charlottetown
Best Lawyers: Appellate Practice, 2020 – 2022
Best Lawyers: Administrative and Public Law, 2019 – 2022
Best Lawyers: Corporate and Commercial Litigation, 2019 – 2022
Thought Leadership
Land use planning in Prince Edward Island: The year in review
December 13, 2019
Land Use Planning in Prince Edward Island: The Year in Review
December 20, 2016
Publications
“Reasonableness reigns – except when the rule of law or legislators say otherwise”
February 12, 2020
Vavilov: The next chapter in administrative law
January 28, 2020
“Doing justice: Safeguards maintained for adjudicative independence,” Canadian Bar Association – Administrative Law Section Resources
August 28, 2019
“One, two, three strikes for re-litigating administrative decisions,” Canadian Bar Association – Administrative Law Section Resources
August 26, 2019
Co-author, “Making the grade: court review of university decision-making”, Discovery: Atlantic Education and the Law
September 26, 2018
“Renovate or rebuild: What shall we do with standard of review?” Canadian Bar Association Administrative Law Section Resources
December 01, 2017
“The Time Has Come: Standard of Review in Canadian Administrative Law,” (2017) 68 UNB Law Journal 87
“Administrative law in one sitting: A special contribution from Justice David Stratas,” Canadian Bar Association Administrative Law Section Resources
April 01, 2017
“Privilege Prevails: Privacy Commissioner Protects Solicitor-Client Communications,” Stewart McKelvey Resources
March 16, 2017
“Land Use Planning in Prince Edward Island: The Year in Review,” Stewart McKelvey Resources
December 20, 2016
“You’ve Got Mail – Ontario Court of Appeal Sends a Constitutional Message to Municipalities about Community Mailboxes,” Stewart McKelvey resources
October 28, 2016
“Make Your List and Check it Twice: IRAC Sends a Holiday Reminder to Municipalities” Stewart McKelvey Client Update
December 23, 2015
“Finding our way in the fight against terrorism” The Guardian
October 25, 2014
“The Charter: Can Our Rights be Protected Without It?” The Guardian
December 13, 2012
“Where are you Going, and What do you Wish? Applying TeleZone to Actions Against the Provincial Crown” Canadian Bar Association National Administrative Law Conference
November 23, 2012
“Collective Bargaining: Lessons from the NHL Lockout” Stewart McKelvey Labour and Employment Blog
October 17, 2012
“Reasonable Accommodation Does Not Require Placement in Dream Job” Atlantic Employers’ Counsel, Fall 2011
“Recording of Defence Medical Exams is the Exception and Not the Rule – At Least for Now” Atlantic Insurance Counsel, Fall 2010
“Conditional Release of Terror Suspects in Canada: Lessons from the United Kingdom” (2010) 36(1) Queen’s Law Journal 251
“Close the Door on Torture” The Mark
May 30, 2009
“Employee Performance Reviews: Good Faith Criticism or Grounds for Constructive Dismissal?” Atlantic Employers’ Counsel, Winter 2007
“Supreme Court of Canada Clarifies Test for Causation” Atlantic Insurance Counsel, Spring 2007
“Islanders, the Constitution, and Property Rights” The Guardian A7
January 13, 2006
Presentations
“Understanding the New Landscape of Judicial Review in Canada,” Continuing Legal Education Workshop, Law Society of Prince Edward Island, Charlottetown, Prince Edward Island (June 26, 2020)
June 26, 2020