Reference re Impact Assessment Act,
| Jurisdiction | Federal Jurisdiction (Canada) |
| Judge | Wagner, Richard; Karakatsanis, Andromache; Côté, Suzanne; Rowe, Malcolm; Martin, Sheilah; Kasirer, Nicholas; Jamal, Mahmud |
| Docket Number | 40195 |
| Date | 13 October 2023 |
| Court | Supreme Court (Canada) |
| Citation | 2023 SCC 23 |
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18 practice notes
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Canadian Frontline Nurses v. Canada (Attorney General),
...Court must respect Parliament’s drafting choices and cannot amend the statute as it sees fit: Reference re Impact Assessment Act, 2023 SCC 23 at para [206] The parties disagree on how “robust” the review of a Cabinet decision may be. The Respondent argues that an extrao......
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Englobe Environment Inc. v. Canada (Food Inspection Agency),
...[17] Shortly after the application was heard, the Supreme Court of Canada rendered its decision in the Reference re Impact Assessment Act, 2023 SCC 23 [Impact Assessment Reference]. The parties were invited to make additional submissions regarding this decision. However, it does not change ......
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2024 BCSC 814,
...jurisprudence: Quebec (Attorney General) v. Canada (Attorney General), 2015 SCC 14 at paras. 17–19; Reference re Impact Assessment Act, 2023 SCC 23 at paras. 116, 122, and 216. Cooperative federalism favours, where possible, the concurrent operation of statutes enacted by the federal and pr......
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Sierra Club Canada Foundation v. Canada (Environment and Climate Change),
...this appeal, the Supreme Court of Canada released its decision on the constitutionality of the Act: Reference re Impact Assessment Act , 2023 SCC 23 [IAA Reference]. The Supreme Court opined that the federal impact assessment scheme, consisting of the Act and its accompanying Physical Acti......
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9 cases
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Canadian Frontline Nurses v. Canada (Attorney General),
...Court must respect Parliament’s drafting choices and cannot amend the statute as it sees fit: Reference re Impact Assessment Act, 2023 SCC 23 at para [206] The parties disagree on how “robust” the review of a Cabinet decision may be. The Respondent argues that an extrao......
-
Englobe Environment Inc. v. Canada (Food Inspection Agency),
...[17] Shortly after the application was heard, the Supreme Court of Canada rendered its decision in the Reference re Impact Assessment Act, 2023 SCC 23 [Impact Assessment Reference]. The parties were invited to make additional submissions regarding this decision. However, it does not change ......
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2024 BCSC 814,
...jurisprudence: Quebec (Attorney General) v. Canada (Attorney General), 2015 SCC 14 at paras. 17–19; Reference re Impact Assessment Act, 2023 SCC 23 at paras. 116, 122, and 216. Cooperative federalism favours, where possible, the concurrent operation of statutes enacted by the federal and pr......
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Sierra Club Canada Foundation v. Canada (Environment and Climate Change),
...this appeal, the Supreme Court of Canada released its decision on the constitutionality of the Act: Reference re Impact Assessment Act , 2023 SCC 23 [IAA Reference]. The Supreme Court opined that the federal impact assessment scheme, consisting of the Act and its accompanying Physical Acti......
Request a trial to view additional results
9 firm's commentaries
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Supreme Court Of Canada Rules Impact Assessment Act Unconstitutional: Implications And Future Directions
...Footnotes 1 Government of Canada Releases Interim Guidance on the Impact Assessment Act - Canada.ca. 2 Reference re Impact Assessment Act, 2023 SCC 23; Statement by Ministers Guilbeault and Virani on the Supreme Court of Canada's opinion on the constitutionality of the Impact Assessment Act......
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Impact Assessment Unconstitutional: Supreme Court Of Canada Finds Legislation To Be Overbroad And Outside The Jurisdiction Of Parliament
...13, 2023, the Supreme Court of Canada released its decision in re Impact Assessment Act, 2023 SCC 23, which considered whether the Impact Assessment Act (IAA) was constitutional or whether the legislation exceeded, or went beyond, the scope of the federal government's legislative authority.......
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SCC Reference Re Impact Assessment Act: A Step In The Right Direction For The Mining Industry
...and project uncertainty in general and as brought by the SCC decision and its aftermath. Footnotes 1. Reference re Impact Assessment Act, 2023 SCC 23, at para 2. Reference re Impact Assessment Act, 2023 SCC 23, at para 154. 3. Wendy Cox and Mark Iype, "Western Canada: Ontario seeks to finis......
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The Uncertain Future Of Federal Impact Assessments
...re Impact Assessment Act, 2023 SCC 23, five out of seven Canadian Supreme Court justices found that the new environmental Impact Assessment Act ("IAA") is too broad in its purported authority over environmental impacts, and ruled that it is partially unconstitutional. This decision has nega......
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