Embedded deep within the Supreme Court of Canada’s landmark Reference re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11 [GHG Reference] is an interesting and possibly very significant development in the law governing legislative delegation in Canada. The GHG Reference, which ends the uncertainty over the constitutionality of the Greenhouse Gas Pollution Pricing Act, SC […]
On January 16, a reference panel of Supreme Court Justices dismissed the appeal of the British Columbia Court of Appeal’s (“BCCA”) decision in Reference re Environmental Management Act, 2019 BCCA 181 [BCCA Reference]. The SCC found that the BC government’s proposed amendments to the BC Environmental Management Act [EMA], which would have barred an entity […]
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 […]