ArticleGovernment Of British Columbia Introduces Indigenous Consent Requirement For Major ProjectsBill 51 is the current result of this process.CanadaGovernment, Public SectorBlake, Cassels & Graydon LLP
ArticleLet The Games Begin: Quebec Repeals Laws Related To The Regulation Of Publicity ContestsThe strict rules and limitations on private contests in Quebec are officially in the past. On October 27, 2023, Quebec's Bill 17, An Act to Amend Various Provisions Mainly...CanadaGovernment, Public Sector
ArticleNew Beacons Of Administrative Law: Top Court Reviews The Approach To Judicial Review Of Administrative DecisionsThe Supreme Court of Canada (SCC) recently rendered its much-awaited decisions in Canada (Minister of Citizenship and Immigration) v Vavilov and companion appeals.CanadaGovernment, Public SectorDavies Ward Phillips & Vineberg LLP
ArticleOntario Court Of Appeal Finds Mandatory Security Checks At Police Headquarters ConstitutionalIn the recent decision of Langenfeld v. Toronto Police Services Board, 2019 ONCA 716, the Ontario Court of Appeal set aside an earlier ruling that mandatory security checks for members of the publicCanadaGovernment, Public SectorBorden Ladner Gervais LLP
ArticlePrince Edward Island Lobbying Regime On The HorizonThe Act regulates in-house and consultant lobbyists. CanadaGovernment, Public SectorBlake, Cassels & Graydon LLP
ArticleProposed Changes to Ontario Labour Relations Act Receive First ReadingYesterday the current Ontario government introduced changes to the Labour Relations Act which strip away many of the measures implemented by its predecessor. According to Liberal Labour Minister Chris Bentley, the Labour Relations Statute Law Amendment Act, 2004 (Bill 144) is designed to restore a sense of balance to Ontario’s labour laws after thirteen years of ideological swinging between NDP and Conservative administrations.CanadaGovernment, Public SectorMcMillan LLP
ArticleRodriguez ReduxToday, the Supreme Court of Canada granted leave to appeal in Carter v Canada (AG), which deals with the constitutionality of the assisted suicide provision of the Criminal CodeCanadaGovernment, Public SectorBennett Jones LLP
ArticleRound Three, Same ResultThe Alberta Court of Appeal has ruled that Canada's amended Impact Assessment Act remains unconstitutional despite 2024 revisions intended to address Supreme Court concerns. The 4-1 majority decision found that federal oversight continues to exceed jurisdictional boundaries, particularly in regulating major resource and infrastructure projects that fall primarily under provincial authority. This landmark ruling marks the third time courts have invalidated the Act's Designated Projects scheme, raising criticCanadaGovernment, Public SectorBennett Jones LLP
ArticleSummer 2019 Update: Lobbying, Election Finance And Conflict Of Interest ReformThere have been considerable recent regulatory and legislative changes with respect to lobbying and conflicts of interest regimes at the federal level and in each of British Columbia and Quebec.CanadaGovernment, Public SectorBlake, Cassels & Graydon LLP
ArticleSupreme Court Of Canada: Companies May Face Liability In Canada Relating To Foreign OperationsThe Supreme Court of Canada held, in Nevsun Resources Ltd. v. Araya, that Canadian companies can be sued for breaches of customary international law relating...CanadaGovernment, Public SectorTorys
ArticleSupreme Court Of Canada Redefines Approach To Review Of Administrative DecisionsIn a rare pronouncement, in Vavilov v Canada (Minister of Citizenship and Immigration), 2019 SCC 65, the Supreme Court of Canada (SCC)CanadaGovernment, Public SectorDentons Canada LLP
ArticleSupreme Court Refines The Test For Damages For Non-Disclosure: Henry V. British Columbia (Attorney General)This decision deals with the issue of whether a person who was wrongfully convicted due to a breach of his constitutional rights can claim Charter damages based on the negligent conduct of the Crown Attorney.CanadaGovernment, Public SectorGowling WLG
ArticleThe Government Of Canada's Fighting Against Forced Labour And Child Labour In Supply Chains Act: What To Expect In Year ThreeThe third reporting cycle under the Canadian federal government's Fighting Against Forced Labour and Child Labour in Supply Chains Act (the "Act")...CanadaGovernment, Public SectorTorkin Manes LLP
ArticleThe Morning After: Broadened Powers Of Investigation And Enforcement Of The Canada Elections ActWhile Election Day is behind us, the work of the Commissioner of Canada Elections, who is responsible for ensuring that the Canada Elections Act is complied with and enforced, is ongoing.CanadaGovernment, Public SectorLanglois Avocats
ArticleThree Things Individuals And Corporations Need To Know About This ElectionWith Canada's 44th federal general election now underway, individuals and corporations that participate in the election or deal with public officialsCanadaGovernment, Public SectorFasken
ArticleExperimental Use Exception To Patent Infringement In CanadaSignificant research and development is conducted in Canada, especially in the biotechnology and pharmaceutical industries. Therefore, there has been much interest in a recent United States decision on experimental activity in the context of potential liability for patent infringement and the corresponding position in Canada.CanadaIntellectual PropertyBlake, Cassels & Graydon LLP
ArticleProposed Amendments to the Investment Canada ActBill C-59 allows the government to review foreign investments if it is thought that they might compromise Canada’s national security. The amendment contains no definition of national security nor does it set out criteria to be considered when determining if an investment is a threat.CanadaInternational LawBlake, Cassels & Graydon LLP
ArticleDifferent Party, Different Risks: Managing Expectations And Risks In Judicial ReviewsCourts do not have a "monopoly on adjudication"1 in an administrative state. Rather, administrative decision-makers make decisions daily that have a significant impact...CanadaLitigation, Mediation & ArbitrationTorys
ArticleFederal Court Of Appeal Orders Disclosure Of Third Party Information Located Outside CanadaIn a unanimous decision released on November 7, 2008 the Federal Court of Appeal dismissed the appeal in eBay Canada Ltd. et al. v. Minister of National Revenue, requiring that the appellants produce to the Minister of National Revenue confidential information maintained on computer servers located outside of Canada. CanadaLitigation, Mediation & ArbitrationOsler, Hoskin & Harcourt LLP
ArticleGuidance For Counsel: Ontario's Court Of Appeal Addresses Anti-SLAPP LegislationThe Court of Appeal for Ontario recently released its decisions in six appeals regarding Ontario's Anti-SLAPP legislation.CanadaLitigation, Mediation & ArbitrationBabin Bessner Spry LLP