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
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
The Supreme Court of Canada has ruled in the case of Chevron Corp. v. Yaiguaje that Ontario’s courts have jurisdiction to determine whether a US$ 9.51 billion judgement by Ecuador’s courts against Chevron Corp. for environmental damages should be recognized and enforced in … Continue reading
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
The Supreme Court of Canada has upheld the right of the province of Ontario to license forestry operations on Treaty 3 lands, without the approval of the federal government. In so doing, the court refused an appeal by Grassy Narrows … Continue reading
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
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
Expulsion of fly-rock from a blast was a “discharge” of a “contaminant” out of the normal course of events that should have been reported to the Ministry of the Environment (MOE) under section 15 of Ontario’s Environmental Protection Act (Act). “Impairment of the … Continue reading
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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