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 [...]
The Supreme Court of Canada has held that a Treaty between the Crown and Indigenous peoples is unique. It is neither created nor terminated according to the rules of international law. The term “Historic Treaty” refers to Treaties that were negotiated an entered into by representatives of the British Crown and the Indigenous peoples [...]
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 [...]
By: Zachary Miloff PDF Download Word Download In Wabauskang First Nation v Minister of Northern Development and Mines et al , the Court dismissed an application for judicial review brought by Wabauskang First Nation (“WFN”) against the Ontario Ministry of Northern Development and Mines (“the Ministry”) and Rubicon Minerals Corp. (“Rubicon”). The First [...]
