Tag Archives: Supreme Court of Canada

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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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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SCC upholds Ontario court’s jurisdiction over claim to enforce foreign judgment for US$ 9.51 billion environmental damages

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

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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 upholds Ontario’s right to license forestry operations on treaty lands

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

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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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