This comment examines the interim arrangements that the United States and Canada (“the Parties”) have adopted to address the temporal gap (the “Interim Period” between the Agreement-in-Principle[1] (“AiP”) on a “modernized” Columbia River Treaty[2] (“CRT” or “Treaty”) adopted in mid-2024 and the conclusion […]
On March 25, 2021, the Supreme Court of Canada released its much-anticipated reference opinion regarding the constitutionality of the federal government’s greenhouse gas (GHG) pricing regime. In Reference re Greenhouse Gas Pollution Pricing Act[…]
On March 25, 2021, the Supreme Court of Canada released its much-anticipated reference opinion regarding the constitutionality of the federal government’s greenhouse gas (GHG) pricing regime. In Reference re Greenhouse Gas Pollution Pricing Act[…]
On October 13, the Supreme Court of Canada released its opinion in IAA Reference.[2] Writing for a 5:2 majority (Justices Mahmud Jamal and Andromache Karakatsanis dissenting), Chief Justice Richard Wagner held that what is known as the “designated project” (or […]
The majority opinion in the IAA Reference concludes that the federal government has arrogated to itself decision-making powers that properly belong to provincial governments; powers, that is, with respect to resource projects and other works and undertakings located entirely within […]
On March 25, 2021, the Supreme Court of Canada released its much-anticipated reference opinion regarding the constitutionality of the federal government’s greenhouse gas (GHG) pricing regime. In Reference re Greenhouse Gas Pollution Pricing Act[…]
1. Introduction This article provides a summary of and preliminary comments on the Report of the Expert Panel on the Modernization of the National Energy Board1 (NEB Expert Panel Report) which was released in May 2017.2 This report is one […]
On March 10, 2016 a panel of the Supreme Court of Canada comprising Chief Justice McLachlin, and Justices Moldaver and Gascon granted leave (with costs in the cause) in Chippewas of the Thames First Nation v Enbridge Pipelines Inc1 (hereafter […]
The construction of new pipelines, and the expansion, reversal or re-purposing of existing pipelines have always attracted controversy in Canada and the almost inevitable applications for judicial review or appeal. Consider, for example, the efforts to license the Makenzie Natural […]