Category Archives: Constitutional Law

COP21: The World Agrees Action On Climate Change

Yesterday saw 195 nations achieve an historic agreement in Paris to combat climate change. Why was it so important? Firstly and perhaps most importantly, the Paris Agreement for the first time brings all nations into a common cause in the … Continue reading

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‘Twas the night before COP 21: The week before the 2015 Paris Climate Conference saw major announcements from Alberta and Ontario

The 21st Conference of Parties begins tomorrow. Prime Minister Trudeau and the Premiers of the Canadian Provinces will join other world leaders in Paris. COP 21, also known as the 2015 Paris Climate Conference, will, for the first time in over … Continue reading

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Public participation in federal environmental hearings: SCC refuses leave to appeal

The Supreme Court of Canada has refused leave to appeal a challenge to the constitutionality of the public participation provisions of the National Energy Board Act. In Quarmby, et al. v. Attorney General of Canada, et al., 2015 FCA (36353), … Continue reading

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First Nations, Ontario Sign Historic Political Accord

In what Regional Chief Isadore Day described as “the most important collective milestone in modern times”, Chiefs of Ontario and the Government of Ontario signed a historic Political Accord on Tuesday August, 24, 2015. That Accord Affirms that First Nations’ … Continue reading

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Federal Court: Canada had duty to consult First Nation on changes to environmental legislation

In a series of posts in 2012, we reported on the Harper government’s wholesale changes to Canada’s federal environmental legislation in its federal omnibus budget implementation bills C-38 and C-45 (Omnibus Bills). In a decision released last month in Courtoreille v. Canada, the … Continue reading

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Paul Manning to Speak at Insight’s 8th Annual Aboriginal Energy Forum

I am pleased to be speaking again this year at Insight’s 8th Annual Aboriginal Energy Forum. The conference will be held in Toronto on December 4 and 5, 2014. I will be speaking on Friday 5 in the session “Getting to yes”. … Continue reading

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Daniels goes to the Supreme Court: do feds or provinces have jurisdiction for Métis and non-status Indian peoples?

The Supreme Court of Canada will hear an appeal of the decision in Harry Daniels et al. v. Her Majesty the Queen to determine whether Métis and non-status Indians are “Indians” pursuant to s. 91(24) of the Constitution Act, 1867 so that … Continue reading

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Supreme Court of Canada: Aboriginal Title Can Be Grounded in Semi-nomadic Occupation

The Supreme Court of Canada (SCC) released its decision today in the case of Tsilhqot’in Nation v. British Columbia, 2014 SCC 44. In a decision that will have far-reaching implications for Aboriginal title in Canada, the SCC answers, for the first time, the question, how … Continue reading

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The Non-Polluter Pays: Creditor Roulette and Director Liability

In our post dated December 7, 2012, Provincial Clean-up Orders Can be Stayed and Compromised in  Canadian Insolvencies, we discussed the decision of the Supreme Court of Canada in Newfoundland and Labrador v. AbitibiBowater Inc. (Abitibi). That case decided that provincial environmental clean-up orders … Continue reading

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December 7, 2012 – Provincial Clean-up Orders Can be Stayed and Compromised in Canadian Insolvencies

In its decision released on Friday December 7 , 2012, the Supreme Court of Canada held that provincial environmental clean-up orders may be “claims” that can be  stayed and compromised under the federal Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36 (“CCAA”). In Newfoundland … Continue reading

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