Division of Powers
SCC Dismisses BC Government’s Appeal and Secures Legal Win for Trans Mountain
On January 16, a reference panel of Supreme Court Justices dismissed the appeal of the British Columbia Court of Appeal’s (“BCCA”) decision in Reference re Environmental Management Act, 2019 BCCA 181 [BCCA Reference]. The SCC found that the BC government’s proposed amendments to the BC Environmental Management Act [EMA], which would have barred an entity […]
QCCA Says Prohibitions on Genetic Discrimination Are Not Valid Use of Federal Criminal Law Power
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 […]
Reference re Pan-Canadian Securities Regulation: A Unified Approach to Securities Regulation
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 […]