In Sanis Health Inc v British Columbia, 2024 SCC 40 [Sanis], the Supreme Court of Canada (“SCC”) upheld British Columbia’s power to represent other Canadian governments in a national class action under its Opioid Damages and Health Care Costs Recovery Act, SBC 2018, c 35 [ORA]. Nearly all provincial, territorial, and federal governments supported the […]
In Ontario English Catholic Teachers’ Association v. Ontario (Attorney General), 2024 ONCA 101 [OECTA], the majority of the Ontario Court of Appeal (“ONCA” or the “Court”) upheld the Superior Court finding that Ontario’s Bill 124 (“the Bill” or “the Act”)- which places a cap on wages in the public sector–is unconstitutional in its application to […]
Last month, in Reference re Impact Assessment Act, 2023 SCC 23 [“IAA Reference”], the Supreme Court of Canada (the “Court” or “SCC”) held that the bulk of the federal Impact Assessment Act, S.C. 2019, c. 28, s. 1 (the “Act” or the “IAA”) is unconstitutional because it exceeded the powers allocated to Parliament under s. […]
In Anderson v Anderson, 2023 SCC 13 [Anderson], the Supreme Court of Canada (“SCC”) clarified the approach to considering non-presumptively enforceable domestic contracts. In partially departing from the Saskatchewan Court of Appeal, the Court unanimously ruled that while the overarching principles established in Miglin v Miglin, 2003 SCC 24 [Miglin], can be used in the […]
In Murray‑Hall v Quebec (Attorney General), 2023 SCC 10 [Murray-Hall], a unanimous Supreme Court of Canada (“SCC”) held that Quebec legislation prohibiting possession of cannabis plants for personal cultivation or use can coexist with a federal law permitting possession up to four plants.
The Supreme Court of Canada (“SCC”) will soon comment on the compelling question of how far Crown immunity stretches. Having granted leave to appeal in Attorney General of Canada v Power, 2022 NBCA 14, the SCC will soon provide clarity as to whether or not the Crown can be held liable for damages for passing […]
On October 31st 2022, the Ontario Government led by Premier Doug Ford invoked s. 33 of the Canadian Charter of Rights and Freedoms (“Charter”) to shield its ‘back to work’ legislation from judicial scrutiny. The legislation, known as the Keeping Students in School Act, 2022, would have terminated any on-going strike by the Canadian Union […]
Introduction On September 15th, 2022, the Supreme Court of Canada (“SCC” or “the Court”) heard Janick Murray-Hall v Attorney General of Quebec SCC 39906 [Murray-Hall (2022)], on appeal from the Quebec Court of Appeal (“QCCA” or “Court of Appeal”). This case offers the SCC an early opportunity to scrutinize and define federal and provincial legislative […]
Recent laws passed by the Provincial Legislatures in Alberta and Quebec have reignited old, unsettled frictions about the appropriate division of powers between Canada's Provinces and Federal Government. The following article will be divided into three parts, outlining a) the post-repatriation history of constitutional negotiations, b) recent legislative developments in Alberta and Quebec that have […]
“Climate change is real. It is caused by greenhouse gas emissions resulting from human activities, and it poses a grave threat to humanity’s future” (Reference re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11 [GGPPA Reference], para 2). In the strong opening lines of the Supreme Court of Canada’s (“SCC” or “the Court”) majority reasons […]