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Tuesday, March 10, 2020 @ 12:01 PM

Coastal GasLink dispute rooted in conflicts over title, governance: legal experts Merle Alexander, Miller Titerle & Co.

The dispute over a natural gas pipeline through the traditional territory of a B.C. First Nation has garnered almost daily headlines both in Canada and abroad. But legal experts note the conflict goes far beyond any adverse environmental effects the project may have, and strikes at the very heart of long-simmering issues between Canada and Indigenous people — who actually has title over the land, and who actually speaks for First Nations. ... [read more]

Friday, March 06, 2020 @ 1:48 PM

Financial distress: Blind spots in cannabis industry falling_cannabis_stocks_sm

The regulated cannabis industry remains a consistent headline. Growing pains plague the industry, and the optimism surrounding growth, product diversification and projected revenue has been replaced by concern regarding layoffs, oversupply and inability to raise funds. Speculation about failures and insolvencies is widespread. After years of focusing on growth and raising capital, cannabis companies are increasingly looking for advice to mitigate the impact of financial distress. ... [read more]

Friday, March 06, 2020 @ 8:53 AM

Three leaders who embody International Women’s Day | Naomi Sayers

This International Women’s Day, a day started to celebrate women’s global achievements, is Sunday March 8. Sometimes, success and achievements look different for many. For me, success and achievements mean resisting interlocking systems of oppression to achieve greater equality, not just for women but for those who will come after us. Some of the women at the top of my mind during this day include these three inspiring Indigenous women: ... [read more]

Wednesday, March 04, 2020 @ 9:39 AM

Alberta infrastructure protest bill largely unnecessary: legal scholar Lisa Silver, University of Calgary

Canada has faced a crisis in recent weeks as major transportation arteries have faced blockades by individuals who say they are acting in solidarity with a number of hereditary First Nations chiefs protesting the building of a natural gas pipeline through their traditional territory. ... [read more]

Friday, February 28, 2020 @ 5:11 PM

SCC opens door to foreigners suing here for Canadian companies’ human rights violations abroad Joe Fiorante

In a public international law decision that breaks new ground nationally and internationally, a divided Supreme Court of Canada has ruled that three Eritreans who claim they were abused and forced to work at a Canadian-owned mine in Eritrea can proceed with their damages suit in B.C. Supreme Court for alleged human rights violations that breached the norms of customary international law. ... [read more]

Friday, February 28, 2020 @ 10:37 AM

Trees: The self-help approach Treewithroots

Tree branches and roots growing across a property line are a common source of nuisance between neighbours. (Lemmon v. Webb (1894)) is the foundation of what is known as the self-help rule. Several large trees growing on the plaintiff’s land had branches overhanging onto the defendant’s property. The defendant, Webb, without notifying the plaintiff, and without trespassing onto the plaintiff’s land, cut several branches back to the boundary line. The court upheld the right of the defendant to cut back the branches. The defendant did not trespass on to the tree owner’s property to do the cutting. The court did not require the tree trimmer to notify the tree owner prior to making the cuts. ... [read more]

Thursday, February 27, 2020 @ 3:01 PM

All eyes turn to Supreme Court after Alberta carbon tax ruling, legal scholar says Eric Adams, University of Alberta

The Alberta Court of Appeal has ruled the Trudeau government’s carbon pricing scheme to be an unconstitutional intrusion onto provincial powers, a decision that runs contrary to findings in other courts and one a legal scholar says the Supreme Court will have to grapple with due to the new issues it raises. ... [read more]

Monday, February 24, 2020 @ 9:38 AM

Canada has constitutional duty to reach climate targets, First Nations argue in lawsuit Richard Overstall

Two hereditary chiefs of the Wet’suw’eten Nation have launched a court challenge saying the federal government has violated their peoples’ constitutional rights by continually failing to reach its climate change targets, a case their lawyer says will continue even if the standoff over the controversial Coastal GasLink pipeline ends. ... [read more]

Friday, February 21, 2020 @ 4:42 PM - Last Updated: Monday, February 24, 2020 @ 8:38 AM

SCC affirms First Nations can sue in Quebec for alleged harms to lands straddling N.L., Quebec Richard Wagner

In a groundbreaking private international law judgment concerning the adjudication of constitutionally protected s. 35 Aboriginal rights, the Supreme Court of Canada has affirmed that the Quebec Superior Court does have jurisdiction to decide all the claims brought against two Montreal-based mining companies for alleged harms committed in the traditional territories of two Innu First Nations — even though some of the Innu’s claims relate to land in Newfoundland and Labrador. ... [read more]

Friday, February 21, 2020 @ 2:06 PM

Humour in the practice of law: Seriously | Marcel Strigberger

Are you sometimes overstressed practising law? Is your sense of humour dormant or even worse, muzzled? Of course not, but if it is … ... [read more]