Category Archives: Constitutional Law

Southwind v Canada – SCC increases $30mill compensation to First Nation for dam project.

The Supreme Court rules that $30 million award to Lac Seul First Nation was not enough compensation for flooded reserve land. Part of Lac Seul First Nation (LSFN)’s reserve land in northern Ontario was flooded for a hydroelectricity project that began in the 1920s. … Continue reading

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Supreme Court of Canada declares Trudeau’s Carbon Pricing Plan Constitutional

In 2018, Parliament enacted the Greenhouse Gas Pollution Pricing Act, S.C. 2018, c. 12, s. 186  (“GGPPA ”). Parliament passed the GGPPA based on an international consensus that greenhouse gas emissions contribute to global climate change. Countries around the world committed to drastically reduce … Continue reading

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Ontario takes its carbon tax challenge to the Supreme Court

In our article “Federal Carbon Tax Is Legal” published on June 30, 2019, we reported that the Ontario Court of Appeal had upheld the federal government of Canada’s constitutional right to impose a nationwide price on carbon emissions. As anticipated, … Continue reading

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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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