Division of Powers
Appeal Watch: Fate of Federal Greenhouse Gas Legislation is Up in the Air
How urgent is the need for coordinated national action on climate change? According to the Court of Appeal for Ontario (“ONCA”), it is urgent indeed. On June 28 2019, the ONCA found, by a 4-1 majority, that the federal Greenhouse Gas Pollution Pricing Act (“GGPPA”or “the Act”) is a valid exercise of Parliament’s jurisdiction over […]
Appeal Watch: BC’s Trans Mountain Pipeline Dispute is On Its Way to the SCC
At what point does a provincial environmental law which affects interprovincial pipelines stop being environmental legislation and start being an impermissible regulation of a federal undertaking? The British Columbia Court of Appeal (“BCCA”) was tasked with answering this question in the Reference re Environmental Management Act (British Columbia), 2019 BCCA 181 (EMA Reference), which pitted […]
QCCA Says Prohibitions on Genetic Discrimination Are Not Valid Use of Federal Criminal Law Power
The Quebec Court of Appeal (“QCCA”) recently delivered its opinion in the Genetic Non-Discrimination Act Reference, [GNDA Reference], concluding that the Genetic Non-Discrimination Act, SC 2017, c.3 [GNDA] is beyond the scope of the federal criminal law power. The Act, which was introduced by Senator James Cowan, was passed by Parliament in 2017. Shortly after its passage, the […]
Reference re Pan-Canadian Securities Regulation: A Unified Approach to Securities Regulation
Introduction The Supreme Court of Canada (“SCC”) released a decision this week that paves the way for a pan-Canadian national securities regulation scheme. The decision in Reference re Pan-Canadian Securities Regulation, 2018 SCC 48 [Securities Reference] overturns an earlier ruling, Renvoi relative à la réglementation pancanadienne des valeurs mobilières, 2017 QCCA 756 by the Court […]
Tempering R v Comeau : A Primer on the Interprovincial Trade Debate (Part 1)
This is the first of a two-part post outlining the constitutional issues in R v Gerard Comeau, an interprovincial trade case to be heard by the Supreme Court of Canada on 6 - 7 December 2017. In anticipation of the hearing, the posts offer a brief overview and analysis of the constitutional issues likely to be […]
Tempering R v Comeau : A Primer on the International Trade Debate (Part 2)
This is the second of a two-part post outlining the constitutional issues in R v Gerard Comeau, an interprovincial trade case to be heard by the Supreme Court of Canada on 6 - 7 December 2017. In anticipation of the hearing, the posts offer a brief overview and analysis of the constitutional issues likely to be raised. Part […]
The Genetic Non-Discrimination Act: A Valid Exercise of the Federal Criminal Law Power? (Part 2)
This is the second of a two-part post discussing the constitutionality of The Genetic Non-Discrimination Act, SC 2017, c 3. Part I provides the legal context for the constitutional issues surrounding the legislation, and presents the arguments for the act as a valid exercise of the federal criminal law power. Part II outlines the arguments […]