Reference re Impact Assessment Act, 2023 SCC 23
| Jurisdiction | Federal Jurisdiction (Canada) |
| Judge | Wagner, Richard; Karakatsanis, Andromache; Côté, Suzanne; Rowe, Malcolm; Martin, Sheilah; Kasirer, Nicholas; Jamal, Mahmud |
| Citation | 2023 SCC 23 |
| Court | Supreme Court (Canada) |
| Date | 13 October 2023 |
| Docket Number | 40195 |
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7 practice notes
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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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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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Supreme Court Of Canada Holds Designated Projects Scheme Under The Impact Assessment Act Is Unconstitutional
...like to thank Cristin Hunt, Articling Student, for her assistance in writing this Update. Footnotes 1 Reference re Impact Assessment Act, 2023 SCC 23 at para 2 Reference re Impact Assessment Act, 2023 SCC 23 at para 147. 3 Reference re Impact Assessment Act, 2023 SCC 23 at para 206. The con......
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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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4 cases
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Canadian Frontline Nurses v. Canada (Attorney General), 2024 FC 42
...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), 2023 FC 1676
...[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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Citizen for My Sea to Sky v. Canada (Environment and Climate Change), 2023 FC 1721
...by e-mail dated November 1, 2023, that in light of the Supreme Court of Canada’s decision in Reference re Impact Assessment Act, 2023 SCC 23, the IAAC is reviewing all potential amendments to decision statements to determine the next steps. In my view, that e-mail carries little weig......
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Western Canada Wilderness Committee v. Canada (Environment And Climate Change), 2024 FC 167
...naissant de traités conclus entre l’empire et ces pays étrangers. [80] Recently, in Reference re Impact Assessment Act, 2023 SCC 23, at para 203, the Supreme Court of Canada observed in obiter dictum that “[i]t is far from obvious that s. 132 covers the substantial a......
7 firm's commentaries
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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......
-
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......
-
Supreme Court Of Canada Holds Designated Projects Scheme Under The Impact Assessment Act Is Unconstitutional
...like to thank Cristin Hunt, Articling Student, for her assistance in writing this Update. Footnotes 1 Reference re Impact Assessment Act, 2023 SCC 23 at para 2 Reference re Impact Assessment Act, 2023 SCC 23 at para 147. 3 Reference re Impact Assessment Act, 2023 SCC 23 at para 206. The con......
-
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.......
Request a trial to view additional results