Mikisew Cree First Nation v. Canadian Environmental Assessment Agency
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Judge | PELLETIER ; DE MONTIGNY; GLEASON |
| Judgment Date | 21 September 2023 |
| Citation | 2023 FCA 191 |
| Docket Number | A-52-22 |
| Date | 21 September 2023 |
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17 practice notes
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Metis Settlements General Council v. Canada (Crown-Indigenous Relations)
...part of the test is met. As in Long Plain, at paragraph 97, and Mikisew Cree First Nation v Canadian Environmental Assessment Agency, 2023 FCA 191 at paragraph 22 [Mikisew 2023], this concession is sufficient for the Court to move on to the other parts of the [86] In its submissions, the MN......
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Terrapure BR Ltd. v. Canada (Attorney General)
...administrative decision makers a greater margin of appreciation” (Mikisew Cree First Nation v Canadian Environmental Assessment Agency, 2023 FCA 191 at para 120; see also Safe Food Matters Inc v Canada (Attorney General), 2023 FC 1471 at paras [65] The Applicants bear the burden of showing ......
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Rio Tinto Iron and Titanium Inc. v. Canada (Attorney General)
...when making a decision (Mason at para 67; Vavilov at paras 68, 110; Mikisew Cree First Nation v Canadian Environmental Assessment Agency, 2023 FCA 191 at paras 112–17 [Mikisew Cree First Nation]). The term “urgence” [in the French version of the provision] should not be interpreted in isola......
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Athabasca Chipewyan First Nation v. Alberta (Chief Electoral Officer)
...on whether or not the duty to consult was triggered is correctness (Mikisew Cree First Nation v Canadian Environmental Assessment Agency, 2023 FCA 191 at para 16, Vavilov at para 55). The threshold to trigger the duty to consult is low (Mikisew Cree First Nation v Canada (Minister of Canadi......
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17 cases
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Metis Settlements General Council v. Canada (Crown-Indigenous Relations)
...part of the test is met. As in Long Plain, at paragraph 97, and Mikisew Cree First Nation v Canadian Environmental Assessment Agency, 2023 FCA 191 at paragraph 22 [Mikisew 2023], this concession is sufficient for the Court to move on to the other parts of the [86] In its submissions, the MN......
-
Terrapure BR Ltd. v. Canada (Attorney General)
...administrative decision makers a greater margin of appreciation” (Mikisew Cree First Nation v Canadian Environmental Assessment Agency, 2023 FCA 191 at para 120; see also Safe Food Matters Inc v Canada (Attorney General), 2023 FC 1471 at paras [65] The Applicants bear the burden of showing ......
-
Rio Tinto Iron and Titanium Inc. v. Canada (Attorney General)
...when making a decision (Mason at para 67; Vavilov at paras 68, 110; Mikisew Cree First Nation v Canadian Environmental Assessment Agency, 2023 FCA 191 at paras 112–17 [Mikisew Cree First Nation]). The term “urgence” [in the French version of the provision] should not be interpreted in isola......
-
Athabasca Chipewyan First Nation v. Alberta (Chief Electoral Officer)
...on whether or not the duty to consult was triggered is correctness (Mikisew Cree First Nation v Canadian Environmental Assessment Agency, 2023 FCA 191 at para 16, Vavilov at para 55). The threshold to trigger the duty to consult is low (Mikisew Cree First Nation v Canada (Minister of Canadi......
Get Started for Free
