The COVID-19 pandemic has raised a number of concerns about civil liberties and the extent to which they can be curbed to slow the spread of the virus. On one hand is the perspective that rights and freedoms ought to be restricted for a time so as to limit the number of people that are […]
The Ontario, Saskatchewan, and Alberta Courts of Appeal disagree about the application of the national concern branch of the federal peace, order, and good government (“POGG”) power. This disagreement can be resolved through a proper characterization of the purpose of the Greenhouse Gas Pollution Pricing Act, SC 2018, c 12, s 186 [GGPPA]. All three […]
How urgent is the need for coordinated national action on climate change? According to the Court of Appeal for Ontario (“ONCA”), it is urgent indeed. On June 28 2019, the ONCA found, by a 4-1 majority, that the federal Greenhouse Gas Pollution Pricing Act (“GGPPA”or “the Act”) is a valid exercise of Parliament’s jurisdiction over […]
At what point does a provincial environmental law which affects interprovincial pipelines stop being environmental legislation and start being an impermissible regulation of a federal undertaking? The British Columbia Court of Appeal (“BCCA”) was tasked with answering this question in the Reference re Environmental Management Act (British Columbia), 2019 BCCA 181 (EMA Reference), which pitted […]
The Quebec Court of Appeal (“QCCA”) recently delivered its opinion in the Genetic Non-Discrimination Act Reference, [GNDA Reference], concluding that the Genetic Non-Discrimination Act, SC 2017, c.3 [GNDA] is beyond the scope of the federal criminal law power. The Act, which was introduced by Senator James Cowan, was passed by Parliament in 2017. Shortly after its passage, the […]
Introduction The Supreme Court of Canada (“SCC”) released a decision this week that paves the way for a pan-Canadian national securities regulation scheme. The decision in Reference re Pan-Canadian Securities Regulation, 2018 SCC 48 [Securities Reference] overturns an earlier ruling, Renvoi relative à la réglementation pancanadienne des valeurs mobilières, 2017 QCCA 756 by the Court […]
This is the first of a two-part post outlining the constitutional issues in R v Gerard Comeau, an interprovincial trade case to be heard by the Supreme Court of Canada on 6 - 7 December 2017. In anticipation of the hearing, the posts offer a brief overview and analysis of the constitutional issues likely to be […]
This is the second of a two-part post outlining the constitutional issues in R v Gerard Comeau, an interprovincial trade case to be heard by the Supreme Court of Canada on 6 - 7 December 2017. In anticipation of the hearing, the posts offer a brief overview and analysis of the constitutional issues likely to be raised. Part […]
This is the second of a two-part post discussing the constitutionality of The Genetic Non-Discrimination Act, SC 2017, c 3. Part I provides the legal context for the constitutional issues surrounding the legislation, and presents the arguments for the act as a valid exercise of the federal criminal law power. Part II outlines the arguments […]
