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flexible federalism

Sanis Health Inc v British Columbia: Flexible Federalism Permits National Class Action on Opioids

In Sanis Health Inc v British Columbia, 2024 SCC 40 [Sanis], the Supreme Court of Canada (“SCC”) upheld British Columbia’s power to represent other Canadian governments in a national class action under its Opioid Damages and Health Care Costs Recovery Act, SBC 2018, c 35 [ORA]. Nearly all provincial, territorial, and federal governments supported the […]

Tempering R v Comeau : A Primer on the Interprovincial Trade Debate (Part 1)

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 […]

Tempering R v Comeau : A Primer on the International Trade Debate (Part 2)

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 […]