Alberta (Attorney General) v. British Columbia (Attorney General), 2021 FCA 84

JurisdictionFederal Jurisdiction (Canada)
CourtCourt of Appeal (Canada)
Citation2021 FCA 84
Date26 April 2021
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13 practice notes
  • Warner Bros. Entertainment Inc. v. White (Beast IPTV), 2023 FC 164
    • Canada
    • Federal Court (Canada)
    • February 3, 2023
    ...can then be examined. [45] Recently, the Federal Court of Appeal, in Alberta (Attorney General) v British Columbia (Attorney General), 2021 FCA 84, [2021] 2 FCR 426, noted once more that jurisdiction does not flow from the parties’ consent or, for that matter, their failure to object......
  • Mohr v. National Hockey League, 2022 FCA 145
    • Canada
    • Court of Appeal (Canada)
    • August 17, 2022
    ...on a motion to strike as it may inform the purpose of the legislation (Alberta (Attorney General) v. British Columbia (Attorney General), 2021 FCA 84, 41 C.E.L.R. (4th) 157 at para. 127). But even here, care must be taken not to confuse the evolution of the legislation, which is law, with w......
  • Singh v. Canada (Citizenship and Immigration),
    • Canada
    • Federal Court (Canada)
    • August 17, 2021
    ...361 at para 51; British Colombia (Attorney General) v Alberta (Attorney General), 2019 FC 1195 at para 97 (rev’d on other grounds 2021 FCA 84); Gill v Canada (Public Safety and Emergency Preparedness), 2020 FC 1075 at para 20. See also Robert J Sharpe, “Interim Remedies and Co......
  • Bellegarde v. Carry the Kettle First Nation, 2023 FC 129
    • Canada
    • Federal Court (Canada)
    • January 27, 2023
    ...Columbia (Attorney General) v Alberta (Attorney General), 2019 FC 1195 at paragraph 97, [2020] 2 FCR 124, rev’d on other grounds 2021 FCA 84; SKGO v Canada (Citizenship and Immigration), 2023 FC 83 at paragraph 23. [23] In this case, the respondents argue that the stay sought by the ......
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6 cases
  • Mohr v. National Hockey League, 2022 FCA 145
    • Canada
    • Court of Appeal (Canada)
    • August 17, 2022
    ...on a motion to strike as it may inform the purpose of the legislation (Alberta (Attorney General) v. British Columbia (Attorney General), 2021 FCA 84, 41 C.E.L.R. (4th) 157 at para. 127). But even here, care must be taken not to confuse the evolution of the legislation, which is law, with w......
  • Singh v. Canada (Citizenship and Immigration),
    • Canada
    • Federal Court (Canada)
    • August 17, 2021
    ...2021 FC 361 at para 51; British Colombia (Attorney General) v Alberta (Attorney General), 2019 FC 1195 at para 97 (rev’d on other grounds 2021 FCA 84); Gill v Canada (Public Safety and Emergency Preparedness), 2020 FC 1075 at para 20. See also Robert J Sharpe, “Interim Remedies and Constitu......
  • Kambasaya v. Canada (Citizenship and Immigration),
    • Canada
    • Federal Court (Canada)
    • June 24, 2021
    ...FC 361 at para 51; and British Colombia (Attorney General) v Alberta (Attorney General), 2019 FC 1195 at para 97 (rev’d on other grounds 2021 FCA 84). See also Robert J Sharpe, “Interim Remedies and Constitutional Rights” (2019) 69 UTLJ (Supp 1) at 14. Together, the three parts of the test ......
  • Acti v. Canada (Citizenship and Immigration), 2022 FC 336
    • Canada
    • Federal Court (Canada)
    • March 11, 2022
    ...FC 361 at para 51; and British Columbia (Attorney General) v Alberta (Attorney General), 2019 FC 1195 at para 97 (rev’d on other grounds 2021 FCA 84). See also Robert J Sharpe, “Interim Remedies and Constitutional Rights” (2019) 69 UTLJ (Supp 1) at 14. [55] In assessing the balance of conve......
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4 firm's commentaries
  • Legislature Passes Alberta Sovereignty Within A United Canada Act: Overview And Implications
    • Canada
    • Mondaq Canada
    • December 13, 2022
    ...General) v Alberta (Attorney General), 2019 ABQB 121 at para 22; Alberta (Attorney General) v British Columbia (Attorney General), 2021 FCA 84 at para 188, reversing British Columbia (Attorney General) v Alberta (Attorney General), 2019 FC 1195. We note that this limitation may be less pres......
  • Public Inquiry Into Anti-Alberta Energy Campaigns To Proceed After Court Dismissal
    • Canada
    • Mondaq Canada
    • June 14, 2021
    ...of Alberta, following the Federal Court of Appeal's recent decision in Alberta (Attorney General) v British Columbia (Attorney General), 2021 FCA 84. Specifically, the decision confirms Alberta's constitutional authority to conduct public inquiries into broad matters relating to its energy ......
  • Federal Court Of Appeal Lifts Injunction On Alberta's "Turn Off The Taps" Legislation
    • Canada
    • Mondaq Canada
    • May 19, 2021
    ...26, 2021, the Federal Court of Appeal (the FCA) in Alberta (Attorney General) v. British Columbia (Attorney General), 2021 FCA 84 overturned the injunction granted by the Federal Court of Canada (the FC), in favour of British Columbia (BC), against Alberta's Preserving Canada's Economic Pro......
  • Power Perspectives 2022 - Energy Litigation
    • Canada
    • Mondaq Canada
    • March 24, 2022
    ...in the proceedings" (at para 31). Leave to appeal was thus denied. Alberta (Attorney General) v. British Columbia (Attorney General), 2021 FCA 84 Alberta (Attorney General) v. British Columbia (Attorney General) is another chapter in the years-long dispute between the governments of Alberta......

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