Dahlia has a general practice in public law and civil litigation. She has a particular interest in constitutional and administrative law issues, as well as the use of international law in Canadian decision making. She also has experience working on commissions of inquiry, having served as junior policy counsel on the Cullen Commission of Inquiry into Money Laundering in British Columbia in 2021–22 and as commission counsel on the Public Order Emergency Commission in 2023. Dahlia is also an experienced Supreme Court of Canada agent, providing both technical assistance and substantive advice. Dahlia joined Olthuis van Ert after clerking at the Supreme Court of Canada and the Federal Court.
Ontario (2019), British Columbia (2021)
BA (Ottawa), JD (Ottawa)
Supreme Court of Canada (Rowe J, 2019–2020)
Federal Court (Gleeson J, 2018–2019)
English, French, Spanish
she/her
Dahlia has experience working on various public law matters including constitutional challenges, judicial reviews of administrative action, statutory appeals, and commissions of inquiry. She is also interested in judicial conduct and has published articles on conduct of judges off the bench. Dahlia has previously taught Canadian Federalism Law at the University of Ottawa Civil Law Faculty.
Selected cases
Mason v. Canada (Citizenship and Immigration), 2023 SCC 21: Dahlia acted for the intervener Amnesty International Canada, which successfully advocated that courts should consider the effect of binding international law on administrative decision making even if it was not argued before the tribunal.
R v. McGregor, 2023 SCC 4: as junior counsel to Gib van Ert, Dahlia acted for the intervener BC Civil Liberties Association. Their submissions focused on the extraterritorial application of the Charter.
Athletes 4 Athletes Foundation v Canada (National Revenue) 2021 FCA 145: as junior counsel to Gib van Ert, Dahlia acted for a Canadian amateur athletic association in its successful challenge of a decision by the Canada Revenue Agency to refuse its registration under the Income Tax Act.
Single Mothers’ Alliance of BC Society v British Columbia: Dahlia was part of the team acting for Legal Aid BC in a constitutional challenge to the province’s family law legal aid system. She played an integral role in the negotiations leading to the resolution of the litigation and announcement in February 2024 of the creation of a specialized family law clinic.
Thibault v. Attorney General of Ontario, 2024 ONSC 3168: as junior counsel to Gib van Ert, Dahlia is acting for tow truck drivers who have been denied certification under the new Towing and Storage Safety and Enforcement Act, 2021, S.O. 2021, c. 26, Sched. 3, based on criminal convictions from over 20 years ago. An initial request for an injunction was denied in June 2024, but the judicial review and constitutional challenge is ongoing.
UR Pride Centre for Sexuality and Gender Diversity v Saskatchewan (Education), appeal of 2024 SKKB 23: as junior counsel to Gib van Ert, Dahlia is representing the intervener Amnesty International Canadian Section (English Speaking) in this appeal relating to the ability of courts to examine the constitutionality of legislation when the notwithstanding clause (s. 33 of the Charter) has been invoked. Gib and Dahlia have argued that s. 33 should be interpreted to conform to Canada’s international obligation to provide a remedy for rights breaches. The appeal hearing is scheduled for September 2024.
Cullen Commission of Inquiry into Money Laundering in British Columbia: Dahlia acted as junior policy counsel in the inquiry, which produced an 1800-page report on money laundering occurrences and techniques in British Columbia.
Public Order Emergency Commission: Dahlia acted as commission counsel in the inquiry, which examined the circumstances leading up to the invocation of the Emergencies Act in 2022 in the context of the Freedom Convoy protests. The final report was released in February 2023.
Selected writings
Justice Malcolm Rowe & Dahlia Shuhaibar, “To Participate or Not to Participate: Judicial Involvement in the Community” (2020) 71 UNBLJ 275.
Dahlia Shuhaibar, “How Would Ruth Bader Ginsburg’s Comments about Donald Trump Play Out in Canada?” Slaw (18 October 2016)
Dahlia has acted in several cases involving the reception of public international law by Canadian courts. She has also advised clients on the UN Declaration on the Rights of Indigenous Peoples and its ongoing implementation in domestic law. Together with Gib van Ert, Dahlia writes an annual commentary on Canadian judicial decisions involving international law.
Selected cases
Mason v. Canada (Citizenship and Immigration), 2023 SCC 21: Dahlia acted for the intervener Amnesty International Canada, which successfully advocated that courts should consider the effect of binding international law on administrative decision making even if it was not argued before the tribunal.
R v McGregor, 2023 SCC 4: as junior counsel to Gib van Ert, Dahlia acted for the intervener BC Civil Liberties Association. Their submissions focused on the extraterritorial application of the Charter.
Priority Foundation v Minister of National Revenue: as junior counsel to Gib van Ert, Dahlia acted for a public foundation challenging the revocation of its status. The foundation has argued that it made gifts that were permitted by the Canada-US Taxation Treaty. The Federal Court of Appeal is expected to release its decision in 2024.
Meng extradition proceedings: Dahlia was part of the team acting for Meng Wanzhou in her resistance to an extradition request by the United States. Dahlia supported the team in developing its arguments that the extradition request was contrary to the customary international law of state jurisdiction. The US abandoned the proceedings before judgment was rendered.
UR Pride Centre for Sexuality and Gender Diversity v Saskatchewan (Education), appeal of 2024 SKKB 23: as junior counsel to Gib van Ert, Dahlia is representing the intervener Amnesty International Canadian Section (English Speaking) in this appeal relating to the ability of courts to examine the constitutionality of legislation when the notwithstanding clause (s. 33 of the Charter) has been invoked. Gib and Dahlia have argued that s. 33 should be interpreted to conform to Canada’s international obligation to provide a remedy for rights breaches. The appeal hearing is scheduled for September 2024.
Selected writings
“Canadian Cases in Public International Law”, Canadian Yearbook of International Law, annually with Gib van Ert since 2021
Dahlia is developing a practice in professional regulation, including discipline and licensing matters, as well as unauthorized practice and use of title. She has worked on matters for the BC College of Nurses and Midwives, the Engineers and Geoscientists of BC, and the College of Veterinarians of British Columbia.
Dahlia is an experienced Supreme Court of Canada agent. Drawing from her experience as a Supreme Court law clerk and as counsel in two cases before the Court, Dahlia frequently provides advice to clients on framing applications for leave to appeal or responses to applications, motions for intervention, and arguments on the merits of the appeal.
Dahlia has worked on a variety of private law matters, ranging from the interpretation and validation of a will, to employment law matters, to the enforcement of judgments obtained from foreign courts.