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 […]
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 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.
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 […]