Sujit Choudhry

Practice Areas

Sujit Choudhry practices constitutional, administrative, public, and human rights law in Canada and globally. As one of Canada’s leading public law litigators, Sujit focuses on test cases with public interest dimensions. He is increasingly engaged in Charter class actions against governments.

Sujit is one of Canada’s leading public law litigators. He has a broad public law practice on questions of administrative law and constitutional law, including in appeals, arbitrations, judicial reviews, and public inquiries. He is increasingly engaged in Charter class actions against Canadian governments.

Career

Before founding Circle Barristers, Sujit was a full-time constitutional law scholar at the University of Toronto, New York University, and UC Berkeley. He has edited nine books on constitutional law and published over 100 articles, reports, book chapters, and working papers. He has lectured or spoken in three dozen countries and advised constitutional and peace processes across the world.

Professional Memberships

• Law Society of Ontario

• The Advocates’ Society

• International Society of Public Law

Publications

Sujit Choudhry has contributed to and/or edited or co-edited several books on constitutional law. These include:

• Global Canons: Debating Foundational Texts in Constitutional Democracy (Oxford University Press, 2024)

• Research Handbook on Constitutional Interpretation (Edward Elgar, forthcoming 2025)

• Canadian Constitutional Law, 4th and 6th Editions (Emond Montgomery, 2010 and 2022)

• Security Sector Reform in Constitutional Transitions (Oxford University Press, 2019)

• Territory and Power in Constitutional Transitions (Oxford University Press, 2019)

• The Oxford Handbook of The Indian Constitution (Oxford University Press, 2016)

• Constitution Making (Edward Elgar, 2016)

• Constitutional Design for Divided Societies: Integration or Accommodation? (Oxford University Press, 2008)

• The Migration of Constitutional Ideas (Cambridge University Press, 2006)

• Dilemmas of Solidarity: Rethinking Redistribution in the Canadian Federation (University of Toronto Press, 2006)

In addition, Sujit has published over 100 reports, articles and working papers. His work has been cited with approval by the Supreme Court of Canada, the Supreme Court of New Zealand, and courts across Canada.

Sujit’s work has been cited with approval by the Supreme Court of Canada, the Supreme Court of New Zealand, and provincial courts across Canada.

He has also been quoted in and written opinion pieces for The Globe and Mail, The National Post, and The Toronto Star, and he has appeared on CBC, CTV, and Global TV.

Clients

• NGOs (including Animal Justice, Black Legal Action Centre, British Columbia Civil Liberties Association, Canadian Civil Liberties Association, Canadian Constitution Foundation, Centre for Free Expression, Colour of Poverty-Colour of Change Network, Democracy Watch, Human Rights Watch, South Asian Legal Clinic of British Columbia, South Asian Legal Clinic of Ontario)

• politicians

• corporations

• private individuals

• legal clinics

• Canadian and foreign governments

• Industry trade associations

• public sector agencies

Industry Sector Expertise

Sujit has litigated and advised on public law issues in a wide variety of contexts, including:

• agriculture

• aviation

• cabinet decision-making; emergency powers; national security; political party governance; democratic reform

• child welfare; education; public health; social assistance; social services

• gaming; social media; telecommunications

• immigration and refugees

• labour relations.

Expert in these Jurisdictions

Sujit Choudhry practices in Ontario and across Canada.

In addition to his Canadian practice, Sujit is an internationally recognized authority on comparative constitutional law. For over 20 years, he has been an advisor to constitutional reform, democracy support and peace processes, including in Cyprus, Egypt, Ethiopia, Jordan, Libya, Myanmar, Nepal, South Africa, Sri Lanka, Sudan, Tunisia, Ukraine, Yemen, and Zimbabwe. He has lectured or spoken in over three dozen countries.

Languages Spoken

English

Work Highlights

Sujit Choudhry has acted for claimants in an unusually broad variety of public law matters, including:

Ferris v. AG Canada: A class action challenging the Canadian Student Loan Program, for discriminating against disabled students in breach of section 15 of the Charter.

Cool World v. Twitter: Contract claim against Twitter (now X) for refusing to run an advertisement, raising the question of whether Twitter’s ad policies are void under the doctrine of public policy, which incorporates the Charter value of freedom of expression.

Bjorkquist et al. v. AG Canada: A successful Charter challenge to the “second generation cut off” in the Citizenship Act, based on section 15 discrimination (sex and national origin) and section 6 mobility rights.

Canadian Constitution Foundation v. AG Canada: A successful challenge to the legality and constitutionality of the public order emergency declared under the Emergencies Act.

Public Inquiry into Foreign Interference in Federal Electoral Processes and Democratic Institutions (Hogue Commission): Represented Jenny Kwan MP, a target of foreign interference, at the public inquiry into allegations that China, Russia, and other foreign actors may have interfered in with the 2019 and 2021 Canadian federal elections. Sujit cross-examined Prime Minister Trudeau, cabinet ministers, the Director of CSIS, and other senior federal civil servants.

Public Order Emergency Commission (Rouleau Commission): A public inquiry into the public order emergency declared under the Emergencies Act. Sujit cross-examined Prime Minister Trudeau, cabinet ministers, the Director of CSIS, and other senior federal civil servants.

Loshaj v. Minister of Citizenship and Immigration: A constitutional challenge to section 39 of the Canada Evidence Act’s class privilege for cabinet confidences, shielding them from disclosure in court proceedings.

Canadian Association of Refugee Lawyers and South Asian Legal Clinic of Ontario v. Minister of Citizenship and Immigration: A constitutional challenge to Cabinet's decision to designate the United States as a safe third country for refugee determination decisions.

A.B. et al. v. Minister of Citizenship and Immigration and Minister of Foreign Affairs: Charter challenge to the federal government’s refusal to issue visas promised to Afghan nationals currently in hiding from the Taliban in Afghanistan.

Heegsma v. City of Hamilton: Charter challenge to municipal by-laws prohibiting encampments on the basis of sections 7 and 15 (sex, race, disability, indigeneity, and marital status).

Education

Awards