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Experimental Deregulation: Next Steps for the Pacific Link Pipeline as the First Official Building Canada Act Project of National Interest

By: David V. Wright

Matters Commented On: Order in Council PC 2026-0925 (2026) and Explanatory Note for Pacific Link Pipeline Project; Building Canada Act, SC 2025, c 2, s 4

PDF Version: Experimental Deregulation: Next Steps for the Pacific Link Pipeline as the First Official Building Canada Act Project of National Interest

On October 1st, more than one year after the new Building Canada Act (BCA) SC 2025, c 2, s 4 came into force, the first Project of National Interest (PONI) was added to Schedule 1. That means the proposed West Coast Oil Pipeline, now being called “Pacific Link”, will proceed through the fast-tracking review and approvals process established under the BCA. This post draws on a previous post and works through a series of questions to explain the legal process ahead for Pacific Link Pipeline (PLP). It concludes with short commentary on the rationale provided by the government, the broader context, and hurdles ahead.

The Province Is Dead, Long Live the State? International Legal Implications of an Independent Alberta

By: Stefan-Michael Wedenig

Matter Commented On: Alberta’s 2026 Provincial Referendum

PDF Version: The Province Is Dead, Long Live the State? International Legal Implications of an Independent Alberta

On 19 October 2026, Alberta will send eligible voters to the polls. Curiously, the question is not going to be on independence directly, but rather whether “the Government of Alberta should commence the legal process required under the Canadian Constitution to hold a binding provincial referendum on whether or not Alberta should separate from Canada.” As curious as this step might seem, it aligns with a wider rise of nationalism and division as opposed to global cooperation. In the past 50 years, we have seen a number of independence movements, some more successful than others. Québec voted on independence twice, once in 1980 and another time in 1995, both defeated, and the UK electorate opted to leave the European Union in 2016.

Intimate Image Abuse in the Age of Deepfakes: Reforming Alberta’s Civil Legislation: Part 2

By: Emma Marck

Case/Decision/Legislation/Bill Commented On: Protecting Victims of Non-consensual Distribution of Intimate Images Act, SA 2017, c P-26.9

PDF Version: Intimate Image Abuse in the Age of Deepfakes: Reforming Alberta’s Civil Legislation: Part 2

The Canadian Centre for Child Protection reported that non-consensual distribution of intimate images (NCDII) involving Canadian youth increased by approximately 21% between 2024 and 2025, from 436 to 527. Despite the growing prevalence of intimate image abuse, Alberta does not provide a dedicated process for obtaining an expedited intimate image protection order or expressly authorize orders requiring online platforms to remove intimate images. Victims seeking protective relief must instead navigate ordinary civil proceedings or pursue voluntary removal through online platforms.

Intimate Image Abuse in the Age of Deepfakes: Reforming Alberta’s Civil Legislation: Part 1

By: Emma Marck

Legislation Commented On: Protecting Victims of Non-consensual Distribution of Intimate Images Act, SA 2017, c P-26.9

PDF Version: Intimate Image Abuse in the Age of Deepfakes: Reforming Alberta’s Civil Legislation: Part 1

One in ten American teenagers personally knows someone who has had deepfake non-consensual intimate images (DNCII) of them created, and 6% reported having been victimized by DNCII (Thorn, Deepfake Nudes & Young People: Navigating a New Frontier in Technology-Facilitated Nonconsensual Sexual Abuse and Exploitation (Thorn: 2025) at 14). Recent incidents in Alberta demonstrate why intimate image legislation must address DNCII and its online distribution. In December 2025, a Calgary teen was charged in relation to DNCII of students from several schools. Six months later, two Edmonton boys were charged after creating and sharing DNCII of classmates. Reported consequences include job loss, school expulsion, post-traumatic stress disorder, and, in some cases, death by suicide (Mary Anne Franks, “‘Revenge Porn’ Reform: A View from the Front Lines” (2017) 69:5 Florida L Rev 1251 at 1259, 1263).

Just Keep Watching: Insights From Democracy Watch v Canada (AG), 2026 SCC 28

By: Sue Lu

Matter Commented On: Democracy Watch v Canada (AG), 2026 SCC 28 (CanLII)

PDF Version: Just Keep Watching: Insights From Democracy Watch v Canada (AG), 2026 SCC 28

On July 30, 2026, the Supreme Court of Canada (SCC) released its highly anticipated decision for Democracy Watch v Canada (AG), 2026 SCC 28 (CanLII) (Democracy Watch). For many years prior to this decision, Canadian legislatures incorporated privative clauses into their various laws to restrict the ability of courts to review decisions made by administrative bodies. Democracy Watch has now clarified that privative clauses that purport to oust what the Supreme Court calls “legality review” are unconstitutional; all aspects of an administrative decision are potentially subject to judicial review. This ruling ends the uncertainty that surrounded privative clauses and the ability for decisions made by administrative bodies to be reviewed, and may be the most important development in administrative law since Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 (CanLII) (Vavilov).

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