Project Law Blog

Tag Archives: Supreme Court of Canada

The Seven Year Itch: The SCC Returns to Address an Unresolved Question regarding the Crown’s Duty to Consult Aboriginal People and the Legislative Process

Posted in Aboriginal, Administrative Law, Constitutional Law, Consultation, Environmental, Project Permitting, Public Law, Regulatory
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On May 18, 2017, the Supreme Court of Canada agreed to hear an appeal in an important case that could further define the nature and extent of the Crown’s duty to consult Aboriginal people, including the previously unresolved question as to whether the Crown’s duty to consult Aboriginal people can be triggered by legislative action…. Continue Reading

The Daniels Decision: All Aboriginal Peoples, including Métis and non-status Indians, are “Indians” under section 91(24) of the Constitution Act, 1867

Posted in Aboriginal, Constitutional Law, Consultation
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The Supreme Court of Canada has handed down its decision in the Daniels case. The Supreme Court’s decision resolves a question of constitutional responsibility for Aboriginal peoples other than First Nations and Inuit — Canada’s Métis and non-status Indians. Under section 91(24) of the Constitution Act, 1867, the federal Parliament has exclusive legislative authority for… Continue Reading

Supreme Court Determines Regulator Discretion is Wide and the Prudency Test is Ongoing

Posted in Administrative Law, Public Utility, Regulatory, Regulatory Compliance
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The past week has seen three significant decisions relating to the manner in which the rates of public utilities are to be determined in Canada. Although one can argue about whether the decisions clarify and confirm existing law or create new law, no one can reasonably dispute that utilities face new challenges to establish rates… Continue Reading

Supreme Court of Canada Confirms Provincial Power to Take Up Lands under Treaty – Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48

Posted in Aboriginal, Constitutional Law, Consultation
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Today, the Supreme Court of Canada released another important Aboriginal law decision, Keewatin v. Ontario (Natural Resources), 2014 SCC 48. The decision confirms the power of Ontario, along with other provincial governments, to manage natural resources over lands subject to numbered treaties. Treaty 3 is one of the historical, numbered treaties entered into between Canada… Continue Reading

Supreme Court of Canada Affirms Expansive Interpretation of Environmental Legislation

Posted in Environmental
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Castonguay Blasting Ltd. v. Ontario (Environment), 2013 SCC 52 is the latest Supreme Court of Canada decision to confirm the expansive approach courts may take to the interpretation of environmental protection legislation. During the course Castonguay’s blasting operations for a highway-widening project, rock debris known as “fly-rock” was accidentally propelled into the air by an… Continue Reading

Supreme Court of Canada Issues Two Significant Leave to Appeal Decisions in Aboriginal Law

Posted in Aboriginal, Consultation, Mining, Project Development
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On September 19, the Supreme Court of Canada issued two important leave to appeal decisions on cases that will be of interest to project proponents. In the first case, the Court declined to hear the appeal in Ross River Dena Council v. Government of Yukon, 2012 YKCA 14.   The case dealt with the Yukon Government’s duty… Continue Reading

Supreme Court of Canada Clarifies the Duty to Consult with Aboriginal Groups

Posted in Aboriginal, Mining
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On October 28, 2010, the Supreme Court of Canada issued a unanimous judgment in Rio Tinto Alcan Inc. and British Columbia Hydro and Power Authority v. Carrier Sekani Tribal Council, 2010 SCC 43, affirming the decision of the British Columbia Utilities Commission (the “Commission”) to accept the 2007 Electricity Purchase Agreement between BC Hydro and… Continue Reading