Expropriation
Southwind v Canada: Assessing Equitable Compensation for Taken Indigenous Land
In 1929, the creation of electrical power for Winnipeg, Manitoba resulted in the destruction of land, livelihood and community for a nearby Indigenous group. Nearly a century later, this government decision was the subject of a Supreme Court of Canada ruling. In Southwind v Canada, 2021 SCC 28 [Southwind], the question of equitable compensation — […]
SCC Confirms that 80% of Success in Life is Showing Up: Beckman v Little Salmon/Carmacks First Nation
The Supreme Court of Canada ("SCC") has ushered in a new generation of land claims deals. Like an annual checkup at an overworked General Practitioner’s office, these land claims deals are formal, brisk, and to the point – and if you miss the meeting, you are charged a small, yet potentially aggravating, stipend. Beckman v Little Salmon/Carmacks […]
You are Cleared for Takeoff: SCC Clears the Way for Airline to Enforce Damages Award against Iraq in Kuwait Airways Corp v Iraq
On October 21, 2010, the Supreme Court of Canada ("SCC") held in Kuwait Airways Corp v Iraq, [2010] 2 SCR 571, that the Republic of Iraq (“Iraq”) could not rely upon its state immunity to limit the jurisdiction of a Quebec court in order to prevent recognition a foreign judgment for damages against it. The […]
Chemtura v. Canada: The Federal Government Successfully Defends NAFTA Claim Resulting from Pesticide Ban
The Canadian government has had mixed results lately in defending itself against NAFTA claims. Recently, Canada agreed to provide compensation in the amount of $130 million to settle the claim of AbitibiBowater Inc. (“Abitibi”). TheCourt.ca commented on this settlement, and given that the actions of the Government of Newfoundland were so clearly in contravention of […]
The Federal Government Settles AbitibiBowater's NAFTA Claim
This week, the federal government announced a settlement of a claim under the North American Free Trade Agreement, Can T.S. 1994 No. 2 (“NAFTA”) by AbitibiBowater Inc. (“Abitibi”) against Canada as a result of the dispute between the company and Newfoundland. In 2008, the Newfoundland government hastily expropriated nearly all of Abitibi’s Newfoundland assets after […]
Newfoundland Loses Latest Round Against AbitibiBowater Inc.
Newfoundland has failed in its latest effort to compel AbitibiBowater Inc. to clean up industrial sites that the company once owned and operated in the province. The Quebec Court of Appeal decision in Newfoundland v. AbitibiBowater Inc., 2010 QCCA 965, denied the province leave to appeal of an earlier decision by the Superior Court in […]
The Forfeiture of Offence-Related Property: Craig v Her Majesty the Queen
On November 13, 2008, the Supreme Court of Canada ("SCC") heard Judy Ann Craig’s appeal of a judgment rendered against her by the British Columbia Court of Appeal ("BCCA"). Ms. Craig’s appeal was heard alongside R c Ouellette, 2004 CanLII 26616 (QCCQ) and R v KT Nguyen; R v NT Nguyen, 2007 BCCA 474, but […]