Arbitration Profile (updated on October 2019)
Sujit Choudhry is the Principal of choudhry.law. He holds law degrees from Oxford, Toronto, and Harvard, and served as Law Clerk to Chief Justice Antonio Lamer of the Supreme Court of Canada. He was called to the Bar of Ontario in 2001. For nearly two decades, he was a full-time constitutional law scholar at the University of Toronto, NYU, and UC Berkeley.
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.
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), and the Ontario Citizens’ Assembly on Electoral Reform.
Choudhry is also an internationally recognized authority on comparative constitutional law. He has been an advisor to constitution building, governance and rule of law processes for over 20 years, including in Egypt, Jordan, Libya, Myanmar, Nepal, South Africa, Sri Lanka, Tunisia, Ukraine and Yemen. He has lectured or spoken in over 30 countries. Much of his international work is through the Center for Constitutional Transitions, which he founded and directs. He is also a Senior Advisor to the Forum of Federations.
Choudhry was named Practitioner of the Year by the South Asian Bar Association of Toronto in 2011. In 2015, the South Asian Bar Associations of Southern California and Northern California each awarded Choudhry the Trailblazer Award. In 2010, Choudhry received the Trudeau Fellowship.