Constitutional
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April 16, 2024
Energy program not attempt to tax through regulation, Ontario Court of Appeal says
Ontario’s top court has turned back a challenge of the province’s feed-in-tariff (FIT) renewable electricity procurement program, ruling it was brought in for a proper regulatory purpose and was not an attempt to tax through regulation.
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April 12, 2024
Section 35 of Constitution did not create cause of action for breach of treaty rights, SCC says
The Supreme Court has ruled that the coming into force of s. 35(1) of the Constitution Act, 1982 did not create a cause of action for a breach of treaty rights and that an Indigenous tribe’s treaty land entitlement claim is statute-barred, but declaratory relief is warranted given the “longevity and magnitude of the Crown’s dishonorable conduct.”
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April 12, 2024
Ontario court first in Canada to strike down elements of ag-gag law
In the first Canadian case to challenge one of the country’s so-called ag-gag (agriculture-gag) laws, an Ontario Superior Court judge struck several provisions of the regulations governing Ontario’s Security from Trespass and Protecting Food Safety Act.
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April 12, 2024
Yukon Court of Appeal quashes mineral project approval, citing First Nation’s rights
The Yukon Court of Appeal has upheld an order setting aside a Yukon government decision to allow a mineral exploration project to proceed through regulatory approval, finding that Yukon failed to address a First Nation’s concerns regarding land use planning.
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April 10, 2024
Saskatchewan expanding law student placements in name of access to justice
In efforts to increase access to justice in rural, underserved areas, Saskatchewan is expanding “practical learning placements” for College of Law students willing to travel. According to an April 1 news release, the province’s government is investing $100,000 in “new practical learning opportunities” for students at the University of Saskatchewan’s College of Law — provided they are willing to “work in different communities for the term of their placements.”
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April 08, 2024
N.S. Appeal Court releases annual report, 2023
Around a third of those appearing before Nova Scotia’s top court last year were self-represented — an increase from the year before. This is just one of the stats detailed in the Nova Scotia Court of Appeal Annual Report for 2023. Released on April 2, this is the court’s second update of its kind.
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April 05, 2024
Federal Court dismisses vaccine-policy-related class action against Canada Post
The Federal Court has dismissed a class action against Canada Post and Canada on behalf of employees who resigned or retired under duress because of a mandatory vaccination policy.
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April 03, 2024
Canada failed in its duty to consult on Alberta Métis agreement, Federal Court judge says
The Federal Court of Canada has ruled that Ottawa must make changes to a self-government agreement it negotiated with the Métis Nation of Alberta (MNA), saying the federal government failed in its duty to consult with two other organizations the court said were part of the Métis nation in the province.
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March 28, 2024
CANADIAN CHARTER OF RIGHTS AND FREEDOMS — Equality rights — Preservation of Aboriginal rights — Application — Entities subject to Charter
Appeal by Dickson and cross-appeal by Vuntut Gwitchin First Nation (“VGFN”) from a judgment of the Court of Appeal of Yukon which set aside trial judge’s order. Dickson, a Canadian citizen and a citizen of the VGFN, sought to stand for election to the Council of the VGFN.
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March 27, 2024
Court sets aside MAiD injunction despite alleged breach of Alberta Health Services policy
The Alberta Court of King’s Bench has allowed a 27-year-old woman to receive medical assistance in dying (MAiD), despite its finding that her father brought serious issues to be tried surrounding the woman’s medical assessments.