Category Archives: Constitutional Law

Federal Carbon Tax Is Legal: Ontario Court of Appeal

On Friday June 28, 2019, Ontario’s Court of Appeal released its decision upholding the federal government of Canada’s constitutional right to impose a nationwide price on carbon emissions. The Ontario provincial government, which brought the challenge, will seek leave to … Continue reading

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Environmental Law Moot – the Orphan Well Decision

I had the pleasure last week of joining with other senior members of the Ontario environmental law bar to help judge the 2019 Willms & Shier Environmental Law Moot. Thank you to my colleagues at Willms & Shier for inviting … Continue reading

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Ontario Consults on Emissions Performance Standards Proposal to Fend Off Federal Carbon Pricing Backstop

Ontario is consulting on a proposed Emissions Performance Standards (EPS) for the industrial sector, intended as an alternative to the federal government’s Output-Based Pricing System (OBPS) (federal backstop) for electricity and industrial sectors under Part 2 of the Greenhouse Gas … Continue reading

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Provincial Environmental Obligations Prevail Over Federal Bankruptcy Laws – Supreme Court of Canada

Yesterday, the Supreme Court of Canada released its decision in the case of Orphan Well Association, et al. v. Grant Thornton Limited, et al.Orphan Well Association, et al. v. Grant Thornton Limited, et al.  The decision writes another chapter in … Continue reading

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Government of Canada files response to Saskatchewan carbon-pricing court challenge

The Greenhouse Gas Pollution Pricing Act was enacted by Canada’s Parliament, on June 21, 2018. It establishes a federal greenhouse gas emissions pricing plan designed to ensure that carbon pricing applies broadly across Canada. In April of this year, Saskatchewan launched … Continue reading

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Crown not bound to consult Aboriginal peoples on changes to law: Supreme Court of Canada

In Mikisew Cree First Nation v. Canada, the Supreme Court of Canada had to consider whether the Crown has a duty to consult Aboriginal peoples when deciding on changes to laws that may harm their treaty rights, and whether courts have a … Continue reading

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Ontario Files Arguments to Challenge the Federal Government’s Carbon Tax 

Ontario’s Government has filed a statement with the Federal Court of Appeal summarizing the arguments it will make challenging the constitutionality of the federal government’s Greenhouse Gas Pollution Pricing Act. The province will argue that the federal act imposes an … Continue reading

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