Seismic Shift: The Notwithstanding Clause and Litigation on the Rights of Trans and Gender Diverse Youth

By: Jennifer Koshan

Case Commented On: UR Pride Centre for Sexuality and Gender Diversity v Government of Saskatchewan, 2024 SKKB 23 (CanLII)

PDF Version: Seismic Shift: The Notwithstanding Clause and Litigation on the Rights of Trans and Gender Diverse Youth

ABlawg has been following the introduction of government restrictions aimed at trans and gender diverse youth since last fall (see here and here). The latest development comes from Saskatchewan, where on February 16, the Court of King’s Bench permitted a constitutional challenge by UR Pride to proceed despite the government having invoked the notwithstanding clause in section 33 of the Canadian Charter of Rights and Freedoms. Continue reading →

Taking Stock of The Grassy Mountain Litigation as of February 2024

By: Nigel Bankes

Cases commented on: (1) Benga Mining Limited v Alberta Energy Regulator, 2022 ABCA 30 (CanLII), (January 8, 2022); (2) Benga Mining Limited v Alberta Energy Regulator, et al, 2022 CanLII 88683 (SCC), (September 29, 2022); (3) Stoney Nakoda Nations v His Majesty the King In Right of Alberta As Represented by the Minister of Aboriginal Relations (Aboriginal Consultation Office), 2023 ABKB 700 (CanLII), (December 4, 2023); and (4) Benga Mining Limited v Canada (Environment and Climate Change), 2024 FC 231 (CanLII), (February 12, 2024).

PDF Version: Taking Stock of The Grassy Mountain Litigation as of February 2024

This post is a public service announcement to update all of those concerned about coal mining in Alberta, and specifically for those concerned about the status of the rejected Grassy Mountain coal project and ongoing litigation concerning that project. This is old territory for ABlawg. Readers will recall that we launched an extended coal law and policy series in 2021 when the Minister of Energy first revoked the Lougheed coal development policy of 1976. Continue reading →

Inextricably Linked: Climate Policy and the Oil and Gas Sector’s Closure Liabilities

By: Martin Olszynski

Matter Commented On: Study on Emerging Issues Related to the Senate Standing Committee on Energy, Environment and Natural Resources’ Mandate: Climate Change – Canadian Oil & Gas Industry

PDF Version: Inextricably Linked: Climate Policy and the Oil and Gas Sector’s Closure Liabilities

On February 15, 2024, I appeared before the Senate Standing Committee on Energy, Environment and Natural Resources’ (ENEV) in the context of its study into emerging issues related to its mandate. As has been my practice in the past (see here and here), what follows are my prepared remarks, modified only for formatting purposes and to include hyperlinks to supporting resources where relevant. A recording of the hearing is available here; a hearing transcript should also be available upon translation. Continue reading →

Legislative Reconciliation and Indigenous Rights of Self-Government: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families

By: Robert Hamilton

Case Commented on: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (CanLII) (“SCC Reference”).

PDF Version: Legislative Reconciliation and Indigenous Rights of Self-Government: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families

The Supreme Court recently delivered its judgement on the constitutionality of the Act respecting First Nations, Inuit and Métis children, youth and families, SC 2019, c 24 (“the Act”). This post summarizes this long-awaited decision. Colleagues and I will provide more detailed analysis of the Court’s rationale and the implications of the decision in subsequent posts. Continue reading →

Misunderstanding Cooperative Federalism: Environment and Climate Change Canada Unreasonably Failed to Protect Migratory Bird Habitat

By: Drew Yewchuk

Case Commented on: Western Canada Wilderness Committee v Canada (Environment and Climate Change), 2024 FC 167 (CanLII)

PDF Version: Misunderstanding Cooperative Federalism: Environment and Climate Change Canada Unreasonably Failed to Protect Migratory Bird Habitat

Western Canada Wilderness Committee v Canada (Environment and Climate Change),  2024 FC 167 (CanLII)  is a recent decision of the Federal Court rejecting the federal Minister of Environment and Climate Change’s restrictive interpretation of migratory bird habitat under the Species at Risk Act, SC 2002, c 29 (SARA). The decision also offers some interesting notes about co-operative federalism in the environmental context. Continue reading →