Friday, November 02, 2018 @ 10:37 AM
Law against legal values | Harry GlasbeekA man brandishing a weapon confronts a passer-by: “Your money or your life.” He has committed a crime. ... [read more]
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Friday, November 02, 2018 @ 10:32 AM - Last Updated: Friday, November 02, 2018 @ 11:54 AM
N.L.’s bid to overturn Churchill Falls power contract out of time, unjustified under Quebec civil law: SCC
In an important civil law judgment on the concepts of good faith and equity in contract law, the Supreme Court of Canada has 7-1 dismissed Newfoundland’s bid to reopen a 65-year contract obliging that province to sell power from its Churchill Falls power station to Hydro-Quebec at prices drastically below market rates. ... [read more]
Thursday, November 01, 2018 @ 12:02 PM
Auditor general report critical of Canadian environmental agency
The Canadian commissioner of the Environment and Sustainable Development has audited the inspection and enforcement program of Environment and Climate Change Canada (ECCC) for regulating toxic substances under the Canadian Environmental Protection Act, 1999 (CEPA). ... [read more]
Wednesday, October 31, 2018 @ 9:19 AM
Secrets of the carbon tax
Coming soon to a province near you, unless it is felled by a constitutional challenge, is a new hidden tax designed to combat global warming. Veteran tax practitioners, and Canadian manufacturers, remember with no affection whatsoever the old federal sales tax which was replaced with the GST regime by Prime Minister Mulroney. One of its main criticisms was the fact that it was levied on third parties (manufacturers) to be passed on to the ultimate consumers who have no way of knowing what taxes they were paying. ... [read more]
Wednesday, October 24, 2018 @ 8:25 AM
OIL AND GAS - Environmental impact - Regulatory approvals - PipelinesConsolidated applications for judicial review of the National Energy Board's report recommending approval of the Trans Mountain pipeline report and the related Order in Council accepting the Board's recommendation. ... [read more]
Monday, October 15, 2018 @ 11:30 AM
HUNTING AND TRAPPING - Offences and penalties - Hunting with light at nightAppeal by the defendants, Paul and Francis, from an appellate decision affirming a conviction under the Wildlife Act. ... [read more]
Friday, October 12, 2018 @ 8:41 AM
The Indigenous right to say no | Pamela PalmaterThe federal government recently announced that it will not appeal the court decision which quashed Canada’s approval of the Trans Mountain pipeline expansion. Instead, Canada will engage with the 117 impacted First Nations in a consultation process led by former Supreme Court of Canada Justice Frank Iacobucci. If ever there was a sign that the government was going to force this pipeline expansion through the review process, this is it. ... [read more]
Thursday, October 11, 2018 @ 2:10 PM
ABORIGINAL STATUS AND RIGHTS - Duties of the Crown - Fair dealing and reconciliation - Consultation and accommodationAppeal by Mikisew Cree First Nation (Mikisew) from a judgment of the Federal Court of Appeal setting aside a declaration by the Federal Court. ... [read more]
Thursday, October 11, 2018 @ 10:29 AM - Last Updated: Friday, October 12, 2018 @ 10:23 AM
SCC rules 7-2 there is no Crown duty to consult with First Nations when developing and enacting laws
The Supreme Court has determined 7-2 that the Crown’s constitutional duty to consult with Indigenous peoples does not apply when legislators are making laws. ... [read more]
Thursday, October 11, 2018 @ 8:22 AM
Courts won’t rewrite tax treaties negotiated by the government
The recent decision of the Tax Court of Canada in Alta Energy Luxembourg S.A.R.L. v. Canada 2018 TCC 152, reaffirms the right of a taxpayer to rely on the original intent behind government policies and confirms that commercial realities should be considered in interpreting tax treaties. Further, the court held that structuring ownership through a fiscal resident of a country with a favourable tax treaty is not, per se, an abuse or misuse of a tax treaty in the absence of some explicit further requirement in the treaty. ... [read more]
