Searching Content indexed under Government, Public Sector by Canadian ERA Perspectives ordered by Published Date Descending.
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Constitutional Clarity For Port Operations
In Attorney General of Quebec v. IMTT-Quebec Inc.[1], the Quebec Court of Appeal concluded that IMTT-Quebec Inc.'s ("IMTT") activities at the Port of Quebec are not subject to the environmental ...
14 Oct 2019
Indigenous Implications Of Bills C-69 And C-68 – Worth A Second Look
On August 28, 2019, Canada's new federal environmental legislation under Bill C-69 (including the Impact Assessment Act (IAA)
24 Sep 2019
Making The Case For A Zero Plastic Waste Economy: Canada Moves To Ban Single-Use Plastics In An Effort To Reduce Plastic Pollution
There is no doubt that plastics provide unparalleled functionality and durability across a range of products in our everyday lives. The production and use of plastics
29 Jul 2019
Meeting The Minimum (National) Standards: Ontario Court Of Appeal Upholds Constitutionality Of Federal Carbon Pricing Backstop
The majority of the Ontario Court of Appeal ruled on June 28, 2019 that the federal Greenhouse Gas Pollution Pricing Act (the Act or GGPPA) is constitutional.
25 Jul 2019
View From The Prairies: Saskatchewan's Top Court Upholds Federal Carbon Price & Carbon Policy Update From Alberta
As the political rhetoric on carbon pricing [rages on], the Saskatchewan Court of Appeal recently delivered a much-anticipated decision in response to the reference question
14 Jun 2019
Trans Mountain Decision: Application Of Existing Principles Or Evolving Standard?
In 2004, the Supreme Court of Canada recognized that there is a duty to consult Indigenous groups whenever the Crown is contemplating conduct that could adversely impact asserted
15 Mar 2019
In The Crosshairs: Federal Government Finds Itself At The Centre Of Rights-Based Climate Litigation In Environnement Jeunesse v. Attorney General Of Canada
In 2015, the case of Urgenda Foundation v. The State of the Netherlands (Urgenda) broke new ground as the first successful climate change action founded in tort law and the first time a court has determined the ...
25 Jan 2019
A Closer Look: BC Government Releases Draft Legislation For Revitalized Provincial Environmental Assessment Process
In March 2018, the BC government launched the process for revitalizing the province's environmental assessment (EA) process
19 Dec 2018
Moving Forward: Carbon Taxes And Rebates
On October 24, 2018, the federal government announced its intention to move forward with a federal carbon pricing system beginning in 2019.
30 Oct 2018
No Duty to Consult Indigenous Groups On Legislation – Mikisew Cree First Nation v. Canada (Governor General In Council)
The Supreme Court of Canada (SCC, or the Court) has ruled that there is no duty to consult Indigenous groups at any stage of the law-making process.
22 Oct 2018
2018 Federal Budget Proposes Legislative Changes To Make Foreign-Born Indigenous Peoples Having Status Under The Indian Act Retroactively Eligible For Certain Child Tax Benefits
On February 27, 2018, Finance Minister Bill Morneau tabled in the House of Commons the Liberal Government's third budget, Equality + Growth = A Strong Middle Class ("Budget 2018").
1 Mar 2018
Indigenous Interests In Focus – Impact Assessment Act Introduces Substantive Measures For A Renewed Relationship With Indigenous Peoples
On February 8, 2018, the federal government introduced Bill C-69, Part 1 of which tables the Impact Assessment Act (IAA), proposed federal legislation to replace Canada's current environmental assessment legislation ...
12 Feb 2018
Moving Towards Sustainability And Public Interest: Federal Government Introduces The Impact Assessment Act
On February 8, 2018, the federal government introduced the Impact Assessment Act ("IAA" or "Act"), federal legislation to replace Canada's current environmental assessment legislation ...
12 Feb 2018
Angling For Reconciliation: An Overview Of Indigenous–Related Amendments To The Fisheries Act
On February 6, 2018, the federal government announced proposed amendments to the Fisheries Act (the Act), as we summarized here.
8 Feb 2018
First Nation Ordered To Produce Private Agreements With Industry – Update On Blueberry River First Nations Treaty 8 Infringement Proceedings
In 2015, Blueberry River First Nations (BRFN) commenced a significant treaty infringement claim against the Province of British Columbia.
30 Jan 2018
SCC To Consider The Crown's Duty To Consult In The Legislative Process; Will Hear Appeal Of Courtoreille v. Canada, 2016 FCA 311
This coming Monday, January 15th, the SCC will hear the appeal of the Mikisew Cree First Nation from the FCA's decision in Courtoreille v. Canada, a significant duty to consult case which we wrote about in 2017.
15 Jan 2018
First Nation Of Nacho Nyak Dun V. Yukon: SCC Addresses The Role Of Courts In Resolving Modern Treaty Disputes
On December 1, 2017, the Supreme Court of Canada (SCC) issued its decision in First Nation of Nacho Nyak Dun v. Yukon...
11 Jan 2018
Supreme Court Dismisses Aboriginal Spiritual Rights Charter Claim
The Supreme Court of Canada (SCC) released a decision earlier today dismissing a novel Aboriginal freedom of religion Charter claim that was raised in opposition to a ski resort ...
8 Nov 2017
The Role Of Regulatory Tribunals In Aboriginal Consultation – The Key Takeaways From Hamlet Of Clyde River And Chippewas Of The Thames
On July 26, 2017, the Supreme Court of Canada (SCC) released its decisions in Hamlet of Clyde River, et al. v. Petroleum Geo-Services Inc. (PGS) ...
8 Nov 2017
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