News & Analysis as of

Canada Federal Jurisdiction

Davies Ward Phillips & Vineberg LLP

Federal Impact Assessment: Legislative Amendments and Cabinet Directive

The Canadian government recently enacted the highly anticipated amendments to the Impact Assessment Act (IAA). These amendments, which came into force on June 20, 2024, address the constitutional overreach in the IAA, as...more

Stikeman Elliott LLP

Federal Government Tables Amendments to Cure Unconstitutional Impact Assessment Act

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The federal government’s amendments (“Amendments”) to the Impact Assessment Act, SC 2019, c 28 (“IAA”) are one step closer to becoming law. During the week of May 6, 2024, the Amendments, forming part of Bill C-69, An Act to...more

Davies Ward Phillips & Vineberg LLP

Supreme Court of Canada Finds Impact Assessment Act Unconstitutional

On October 13, 2023, in a 5-2 split decision, the Supreme Court of Canada (SCC) found the federal Impact Assessment Act (IAA) to be, in part, unconstitutional in Reference re Impact Assessment Act. The SCC determined that the...more

Stikeman Elliott LLP

Majority of Supreme Court Finds Federal Impact Assessment Act Largely Unconstitutional

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On October 13, 2023, the Supreme Court of Canada (“SCC”) released Reference re Impact Assessment Act,2023 SCC 23 (“SCC Reference”), in which the majority found a large portion of the federal Impact Assessment Act, SC 2019, c...more

Bennett Jones LLP

Supreme Court of Canada Rules Impact Assessment Act Unconstitutional

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The Supreme Court of Canada (SCC) has issued an opinion that the Impact Assessment Act (IAA) and its Physical Activities Regulations are largely unconstitutional....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employees of Federally Regulated Employers in Québec Will Have the Right to Carry Out Their Work in French

Bill C-13, An Act to amend the Official Languages Act, to enact the use of French in federally regulated private businesses Act and to make related amendments to other Acts, was granted Royal Assent on June 20, 2023. The act...more

Bennett Jones LLP

Alberta Court of Appeal Releases Reference Opinion on Constitutionality of the Federal Impact Assessment Act

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The Province of Alberta referred two constitutional questions to the Alberta Court of Appeal - - whether the federal Impact Assessment Act (IAA), part of Bill C-69, is unconstitutional in whole; and - whether certain...more

Littler

Supreme Court of Canada Holds Private Federal Employers Must Have Just Cause to Dismiss Non-Managerial Employees

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Part III of the Canada Labour Code (the “Code”) contains unjust dismissal provisions that apply to private Canadian employers subject to federal jurisdiction. Where a complaint of unjust dismissal is filed by a dismissed...more

Bennett Jones LLP

“All Aboriginal Peoples”: SCC Rules Non-Status Indians and Métis are “Indians” under the Constitution

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Yesterday, the Supreme Court of Canada issued a unanimous decision in Daniels v Canada (Indian Affairs and Northern Development), 2016 SCC 12 declaring that non-status Indians and Métis are “Indians” under s 91(24) of the...more

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