Squamish Nation v. British Columbia (Environment), 2019 BCCA 321
| Jurisdiction | British Columbia |
| Judge | The Honourable Madam Justice Saunders,The Honourable Madam Justice Smith,The Honourable Mr. Justice Groberman |
| Citation | 2019 BCCA 321 |
| Court | Court of Appeal (British Columbia) |
| Docket Number | CA45372 |
| Date | 17 September 2019 |
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8 practice notes
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Mikisew Cree First Nation v. Canadian Environmental Assessment Agency, 2023 FCA 191
...the British Columbia Court of Appeal has cast doubt upon its principal holdings in Squamish Nation v. British Columbia (Environment), 2019 BCCA 321, 29 B.C.L.R. (6th) 77 at paragraph 9 and Reference re Environmental Management Act (British Columbia), 2019 BCCA 181, aff’d 2020 SCC 1 a......
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CANADIAN FEDERALISM'S UNDERLYING QUESTION: WHAT IT IS AND WHY IT MATTERS.
...Columbia (Minister of Environment), 2016 BCSC 34 [Coastal First Nations]. But see Squamish Nation v British Columbia (Environment), 2019 BCCA 321 at paras 8-10 (expressing doubts about the reasoning in Coastal First (21) Although there are some differences, the discussion in this section re......
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Daum v. Borsuk,
...that it was in a relationship of proximity to him such that it owed him a duty of care: Walkom v. Law Society of British Columbia, 2019 BCCA 321 at para. 58. The RECBC is a statutory regulator. The plaintiff is claiming that it owed him a private law duty of care. There is nothing befo......
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Vancouver (City) v. British Columbia (Environment), 2019 BCCA 322
...the dismissal of its petition on three grounds. It says, as in the companion appeal, Squamish Nation v. British Columbia (Environment), 2019 BCCA 321, that as a result of Tsleil-Waututh, the original report of the National Energy Board could not satisfy the requirements of the Act for an as......
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5 cases
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Mikisew Cree First Nation v. Canadian Environmental Assessment Agency, 2023 FCA 191
...the British Columbia Court of Appeal has cast doubt upon its principal holdings in Squamish Nation v. British Columbia (Environment), 2019 BCCA 321, 29 B.C.L.R. (6th) 77 at paragraph 9 and Reference re Environmental Management Act (British Columbia), 2019 BCCA 181, aff’d 2020 SCC 1 a......
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Daum v. Borsuk,
...that it was in a relationship of proximity to him such that it owed him a duty of care: Walkom v. Law Society of British Columbia, 2019 BCCA 321 at para. 58. The RECBC is a statutory regulator. The plaintiff is claiming that it owed him a private law duty of care. There is nothing befo......
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Vancouver (City) v. British Columbia (Environment), 2019 BCCA 322
...the dismissal of its petition on three grounds. It says, as in the companion appeal, Squamish Nation v. British Columbia (Environment), 2019 BCCA 321, that as a result of Tsleil-Waututh, the original report of the National Energy Board could not satisfy the requirements of the Act for an as......
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Gamlaxyeltxw v. British Columbia (Minister of Forests, Lands & Natural Resource Operations), 2020 BCCA 215
...decision of Housen v. Nikolaisen, 2002 SCC 33. This qualification was reinforced in Squamish Nation v. British Columbia (Environment), 2019 BCCA 321 at paras. 72–73. [52] In Apotex Inc. v. Canada (Health), 2018 FCA 147 [Apotex], Laskin J......
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2 firm's commentaries
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Does A Federal 'Re-Do' Trigger A Provincial 'Re-Do'? Recent BC Court Of Appeal Decisions On Trans Mountain
...Energy Board insufficiently considered the effects of marine shipping.1 Recently, in Squamish Nation v. British Columbia (Environment), 2019 BCCA 321 ("Squamish") and the companion appeal Vancouver (City) v. British Columbia (Environment), 2019 BCCA 322 ("Vancouver"), the BC Court of Appeal......
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Litigation 2019 - Trends & Developments
...ministers' decisions issuing the BC certificates in the BC courts. In September 2019 in Squamish Nation v British Columbia (Environment), 2019 BCCA 321, the BCCA allowed the Squamish Nation's appeal in part and remitted the conditions in the BC certificates back to the ministers for reconsi......
1 books & journal articles
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CANADIAN FEDERALISM'S UNDERLYING QUESTION: WHAT IT IS AND WHY IT MATTERS.
...Columbia (Minister of Environment), 2016 BCSC 34 [Coastal First Nations]. But see Squamish Nation v British Columbia (Environment), 2019 BCCA 321 at paras 8-10 (expressing doubts about the reasoning in Coastal First (21) Although there are some differences, the discussion in this section re......