Category: Supreme Court of Canada Page 12 of 23

By: Alastair Lucas

PDF Version: Another Favourite Supreme Court of Canada Case: The Northern Gas Pipeline Saga

Case/Matter Commented On: Berger Inquiry; Committee for Justice and Liberty v National Energy Board, [1978] 1 SCR 369, 1976 CanLII 2; Joint Review Panel for the Mackenzie Gas Project (2009)

Processes for reviewing and analyzing proposals for large diameter pipelines to move natural gas from the Canadian Arctic to Southern North American markets have been significant for the development of Canadian environmental law. This includes regulatory review processes and judicial review cases that arose out of the pipeline review proceedings. Milestone decisions were taken on critical procedural matters including community hearings to receive traditional knowledge, intervenor funding, and decision maker impartiality. The story spans more than 35 years and involves two separate sets of pipeline proposals (see Thomas Berger, Northern Frontier, Northern Homeland, The Report of the Mackenzie Valley Pipeline Inquiry, (Ottawa: Minister of Supply and Services Canada, 1977) (Berger Report)).

Faculty Favourites: Celebrating a Supreme Court of Canada Anniversary

By Admin

On January 13, 2016

In Supreme Court of Canada, Uncategorized

PDF Version: Faculty Favourites: Celebrating a Supreme Court of Canada Anniversary

Editor’s Note

2016 is the 140^th anniversary of the year that the Supreme Court of Canada began hearing cases. Our colleagues at the Bennett Jones Law Library are marking the occasion with a display, and asked us to nominate some notable Supreme Court of Canada cases for inclusion. The cases could be selected on the basis that they were our favourites, had the most impact on people’s lives (positive or negative), and/or were the most significant to our particular fields of study. Below is a compilation of responses from Faculty members and the Directors of some of the Faculty’s Centres and Institutes. Readers in Calgary are encouraged to drop by the Law Library to check out the display, and – for readers everywhere – if you have your own favourites, let us know by adding a comment to this post.

Adieu à la Langue Française

By Theresa Yurkewich

On December 16, 2015

In Constitutional, Supreme Court of Canada

By: Theresa Yurkewich

PDF Version: Adieu à la Langue Française

Case Commented On: Caron v Alberta, 2015 SCC 56

Introduction

Gilles Caron and Pierre Boutet, the appellants, were charged with traffic offences under section 34(2) of the Use of Highway and Rules of the Road Regulation, Alta. Reg. 304/2002 and sections 160(1) and 115(2) of the Traffic Safety Act, R.S.A. 2000, c. T-6. Both pieces of legislation were written and published solely in English, as permitted by Alberta’s Languages Act, R.S.A. 2000, c. L-6. Mr. Caron and Mr. Boutet, however, argued that by enacting legislation solely in English, the Alberta legislature was acting contrary to the constitutional obligation of legislative bilingualism (i.e. the duty to enact in both English and French). Mr. Caron and Mr. Boutet, therefore, argued that both pieces of legislation should be held inoperative to the extent they violate this principle.

As framed by the Court, the issue presented was “whether the Languages Act is ultra vires or inoperative insofar as it abrogates a constitutional duty owed by Alberta to enact, print, and publish its laws in English and in French.” The trial judge at the Provincial Court of Alberta answered this question in the affirmative (2008 ABPC 232), but this decision was reversed by the Court of Queen’s Bench (2009 ABQB 745), and the Court of Appeal dismissed the appeal by the appellants (2014 ABCA 71).

Impaired Driving and Approved Screening Devices

By Shaun Fluker

On November 12, 2015

In Constitutional, Criminal, Statutory Interpretation, Supreme Court of Canada

By: Shaun Fluker, Elliot Holzman, and Ian Pillai

PDF Version: Impaired Driving and Approved Screening Devices

Case Commented On: Goodwin v British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46; Wilson v British Columbia (Superintendent of Motor Vehicles), 2015 SCC 47

In October the Supreme Court of Canada issued two companion judgments concerning the constitutionality and meaning of the Automatic Roadside Prohibition (ARP) provisions set out in the Motor Vehicle Act, RSBC 1996, c 318. In Goodwin v British Columbia (Superintendent of Motor Vehicles) the Supreme Court upheld British Columbia’s ARP scheme as valid provincial law that does not unlawfully invade federal criminal law power or contravene section 11 of the Charter, but the Court also ruled that the seizure of a breath sample using an approved screening device (ASD) under the scheme as previously administered was an unreasonable seizure under section 8 of the Charter. In ruling as such, the Supreme Court upheld the ruling of the Chambers Justice who heard the matters back in 2010. Subsequent to that initial ruling the Province of British Columbia amended the ARP scheme in an attempt to remedy the unreasonable seizure, and the Supreme Court’s companion judgment in Wilson v British Columbia (Superintendent of Motor Vehicles) concerns the interpretation of these new provisions employing principles of statutory interpretation. In this comment we provide an overview of the ARP scheme and the issues raised by the use of ASDs in impaired driving cases, and bring this matter into an Alberta context. We also examine the Supreme Court’s constitutional analysis in Goodwin and its application of the principles of statutory interpretation in Wilson.

The Fundamentals of Tribunal Standing and Bootstrapping in Judicial Review

By Shaun Fluker

On October 14, 2015

In Administrative Law, Supreme Court of Canada

By: Shaun Fluker

PDF Version: The Fundamentals of Tribunal Standing and Bootstrapping in Judicial Review

Case Commented On: Ontario (Energy Board) v Ontario Power Generation Inc., 2015 SCC 44

In Ontario (Energy Board) v Ontario Power Generation Inc. the Supreme Court of Canada revisits the fundamentals of standing for a tribunal in a judicial review or statutory appeal of its impugned decision. The substance of this case involves utility regulation in Ontario, and my colleague Nigel Bankes has written on that substance here. The relevant facts for this comment are simply that the Ontario Energy Board disallowed certain labour costs submitted by Ontario Power Generation in its rate application to the Board. The Ontario Divisional Court dismissed an appeal by Ontario Power, but the Ontario Court of Appeal reversed this finding, set aside the Board’s decision, and remitted the case back to the Board for reconsideration. The Board appealed to the Supreme Court of Canada. No doubt in response to what then appears to be the Board attempting to defend its impugned decision before the Supreme Court, the proper role of the Ontario Energy Board in these proceedings was raised and my comment here focuses on what the Supreme Court of Canada decides in this regard.