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Category Archives: Supreme Court of Canada
What Did the Court Mean When It Said that UNDRIP “has been incorporated into the country’s positive law”? Appellate Guidance or Rhetorical Flourish?
By: Nigel Bankes and Robert Hamilton Case commented on: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (CanLII). PDF Version: What Did the Court Mean When It Said that UNDRIP “has … Continue reading
Posted in Aboriginal, Indigenous, International Law, Supreme Court of Canada
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Triviality and Significance of Federal Environmental Effects after Reference re: Impact Assessment Act
By: Martin Olszynski Decision Commented On: Reference re Impact Assessment Act, 2023 SCC 23 (CanLII) PDF Version: Triviality and Significance of Federal Environmental Effects after Reference re: Impact Assessment Act This is the sixth ABlawg post regarding the Supreme Court … Continue reading
Posted in Energy, Environmental, Supreme Court of Canada
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Not Plenary, but Not Nothing Either: Greenhouse Gas Emissions in the Supreme Court Opinion on the (un)Constitutionality of the Federal Impact Assessment Regime
By: David V. Wright Case Commented On: Reference re Impact Assessment Act, 2023 SCC 23 (CanLII) PDF Version: Not Plenary, but Not Nothing Either: Greenhouse Gas Emissions in the Supreme Court Opinion on the (un)Constitutionality of the Federal Impact Assessment … Continue reading
Posted in Constitutional, Environmental, Supreme Court of Canada
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The Word “Exclusive” Does Not Confer a Constitutional Monopoly, Nor a Right to Develop Provincial Resource Projects
By: Nigel Bankes and Andrew Leach Decision Commented On: Reference re Impact Assessment Act, 2023 SCC 23 (CanLII) PDF Version: The Word “Exclusive” Does Not Confer a Constitutional Monopoly, Nor a Right to Develop Provincial Resource Projects The majority opinion of … Continue reading
Posted in Constitutional, Environmental, Supreme Court of Canada
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The IAA Reference: A Missed Opportunity for Guidance on Important Issues Pertaining to Indigenous Peoples
By: Robert Hamilton Case Commented on: Reference re Impact Assessment Act, 2023 SCC 23 (CanLII) PDF Version: The IAA Reference: A Missed Opportunity for Guidance on Important Issues Pertaining to Indigenous Peoples In the Reference re Impact Assessment Act, 2023 … Continue reading
Posted in Aboriginal, Indigenous, International Law, Supreme Court of Canada
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