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Natural Resources

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Wednesday, October 24, 2018 @ 8:25 AM

OIL AND GAS - Environmental impact - Regulatory approvals - Pipelines

Consolidated 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 night

Appeal 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 Palmater

The 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 accommodation

Appeal 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 Andromache-KARAKATSANIS

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 tax_treaty_sm

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]

Tuesday, October 09, 2018 @ 10:32 AM

OIL AND GAS - Surface leases - Compensation

Appeal by Canadian Natural Resources Limited (CNRL) from a decision by the Saskatchewan Surface Rights Board of Arbitration in favour of the respondents, the Campbells, and their family-owned farming corporation. ... [read more]

Wednesday, October 03, 2018 @ 1:00 PM

Iacobucci to lead ‘meaningful consultation’ with Indigenous groups affected by Trans Mountain expansion Frank_Iacobucci

Ottawa has appointed former Supreme Court of Canada Justice Frank Iacobucci as its federal representative to help create, and oversee, a new process of “meaningful consultation” featuring “specific and focused” dialogue with the 117 Indigenous groups that would be affected by the stalled Trans Mountain expansion project. ... [read more]

Friday, September 28, 2018 @ 12:21 PM

What Ontario conservation might look like under Bill 34 Windmill power

Bill 34, the Green Energy Repeal Act, received most of its attention as the bill that would undo the Green Energy Act. Importantly, however, this bill also contains provisions indicating the new government’s policy direction for energy conservation and demand management (CDM). In this article, I briefly outline the history of conservation in Ontario, where we are now and what conservation might look like under Bill 34. ... [read more]

Wednesday, September 26, 2018 @ 8:56 AM

B.C.’s proposed ‘B-Corps’ offer both economic and social benefits benefits_corporation_sm

Building on a trend sweeping across the U.S., British Columbia is on the verge of becoming the first jurisdiction in Canada to permit the incorporation of “benefits corporations” or “B-Corps.” B-Corps are a novel form of corporate structure for entrepreneurs looking to pursue social or environmental benefits rather than the conventional approach of maximizing shareholder profit. ... [read more]