The Canada Energy Regulator Protects Trans Mountain from Canadians

By: Christine Laing & Drew Yewchuk PDF Version: The Canada Energy Regulator Protects Trans Mountain from Canadians Decision Commented On: Decision on Trans Mountain’s Request for Confidential Treatment dated 29 April 2021 The Canada Energy Regulator (CER or Commission) has the statutory duty to assess financial resources plans filed by operating pipeline companies each year […]

Federal Court of Appeal Quashes Trans Mountain Pipeline Approval: The Good, the Bad, and the Ugly

By: Martin Olszynski PDF Version: Federal Court of Appeal Quashes Trans Mountain Pipeline Approval: The Good, the Bad, and the Ugly Case Commented On: Tsleil-Waututh Nation v. Canada (Attorney General) 2018 FCA 153 Last Thursday, the Federal Court of Appeal released its decision in Tsleil-Waututh Nation v. Canada (Attorney General). Those following Canada’s contentious pipeline […]

The Governor in Council Occasions Change and Delay in the National Energy Board’s Review of the Trans Mountain Pipeline Expansion Project: The Curious Case of PC 2015-1137

By: Kirk Lambrecht, Q.C. PDF Version: The Governor in Council Occasions Change and Delay in the National Energy Board’s Review of the Trans Mountain Pipeline Expansion Project: The Curious Case of PC 2015-1137 Matter Commented On: Order in Council PC 2015-1137 In plain language, it seems that the Governor in Council shot the Trans Mountain […]

Uncertainty and Indigenous Consent: What the Trans-mountain decision tells us about the current state of the Duty to Consult.

By: Robert Hamilton PDF Version: Uncertainty and Indigenous Consent: What the Trans-mountain decision tells us about the current state of the Duty to Consult. Case Commented On: Tsleil-Waututh Nation v. Canada (Attorney General) 2018 FCA 153 In a highly anticipated decision on the proposed Trans Mountain Expansion Project (“TMX”), the Federal Court of Appeal (“FCA”) […]

Federal Court Grants Alberta Leave to Intervene in TransMountain Proceedings: Has Alberta Earned the Privilege?

By: Shaun Fluker PDF Version: Federal Court Grants Alberta Leave to Intervene in TransMountain Proceedings: Has Alberta Earned the Privilege? Case Commented On: Tsleil-Waututh Nation v Canada (Attorney General), 2017 FCA 102 (CanLII) In Tsleil-Waututh Nation v Canada (Attorney General) Justice Stratas deals with two leave to intervene motions filed in the consolidated Kinder Morgan TransMountain […]