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Appeal Court finds fresh duty to consult triggered by evolving science identifying novel adverse impacts

Canada - July 31 2020 Notwithstanding extensive original consultation, the Federal Court of Appeal in ‘Namgis First Nation v Canada (Fisheries, Oceans and Coast Guard)…

Karen McPeak, Martin Ignasiak, Sander Duncanson, Sean Sutherland, Shawn Denstedt.

Significant win at the Supreme Court of Canada: Leave to appeal Trans Mountain Pipeline decision denied

Canada - July 2 2020 On July 2, 2020, the Supreme Court of Canada (SCC) denied leave to appeal the February 2020 judgment of the Federal Court of Appeal (FCA) in the…

Emily MacKinnon, Olivia Dixon, Sean Sutherland.

Alberta Court gives Cabinet 10 days to decide on oil sands project

Canada - March 2 2020 In reasons for decision issued on February 18, 2020, the Alberta Court of Queen’s Bench confirmed in Prosper Petroleum Ltd v Her Majesty the Queen in…

Luke Stretch, Sander Duncanson, Sean Sutherland.

A Trojan Horse at the gates: Alberta Court of Appeal finds federal carbon tax unconstitutional

Canada - February 26 2020 In a 4-1 majority decision, the Alberta Court of Appeal found the federal carbon tax legislation (the Greenhouse Gas Pollution Pricing…

Jennifer Fairfax, Martin Ignasiak, Olivia Dixon.

Supreme Court Majority alters framework for judicial reviews and statutory appeals

Canada - December 20 2019 On December 19, 2019, the Supreme Court of Canada issued its much-anticipated decisions in Canada (Minister of Citizenship and Immigration) v. Vavilov…

Sean Sutherland, Thomas D. Gelbman, W. David Rankin.