On March 25, 2021, the Supreme Court of Canada released its decision in Reference re Greenhouse Gas Pollution Pricing Act.[1] The central issue in this case is whether the matters addressed in the Greenhouse Gas Pollution Pricing Act (the GGPPA) are matters of sufficient national concern that they fall within federal jurisdiction. The GGPPA [...]
Indigenous economic development is an integral component of reconciliation, holding huge potential to fuel Canadian economic growth. The Indigenous Economic Progress Report, 2019 Economic development creates reliable, long-term and prosperous employment opportunities and revenue streams for Indigenous communities. Westaway Law Group works alongside Indigenous communities, organizations, Band Councils and businesses to increase capacity, [...]
“We do not need magic to change the world, we carry all the power we need inside ourselves already: we have the power to imagine better.” - J K Rowling Law reform (or “legal reform”) refers to the process of examining existing laws, and advocating and implementing changes in a legal system, usually with [...]
In 1973, the Supreme Court of Canada confirmed that unextinguished Aboriginal title continued to exist in parts of Canada, though at the time the interest was considered to be a right held by Indigenous communities to simply to possess (not necessarily exclusively) and use the lands. This right was also considered to be subject [...]
Since it was first articulated by the Supreme Court of Canada in 2004, the law on the duty to consult and, if appropriate, accommodate claimed and established Aboriginal and Treaty rights has helped to promote the economic development of Aboriginal lands and communities. The duty means that federal and provincial governments must take the [...]
In a landmark ruling, the Supreme Court of Canada concludes that the Crown breached its duty to consult the appellants in respect of the proposed seismic testing in Clyde River. Read the full decision here. Lire la décision complète ici. In a similar decision, the Supreme Court of Canada ruled that Enbridge could proceed with its reversal [...]
The Report of the Expert Panel on the Modernization of the National Energy Board released its report with recommendations and advice. The Government of Canada is accepting comments on the report for 30 days, until June 14, 2017. Read the full report here
