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How "great" is the Great Divide? How Constitutional Division of Powers Works and its Relevance to Western Canadian Businesses

Business Unusual: Commercial Litigators on Current Business Issues
Webinar On-Demand

Confederation solidified the jurisdictional divide between provincial and federal governments. But in 2020, how is that jurisdictional divide relevant for Western Canadian businesses?

Drawing on their constitutional litigation experience in the telecommunications, energy, environmental, and railway industries, Tammy Coates, Q.C., FCIArb., and Ricki-Lee Gerbrandt explain how the division of powers between the federal and provincial governments remains relevant and is evolving as the courts grapple with novel issues.

  • Can a provincial government require industry to abide by certain environmental rules while it is building pipelines (the Reference re Environmental Management Act)?

  • Can the federal government legislate over Greenhouse Gas emissions (the Greenhouse Gas Pollution Pricing Act Reference)? 

  • Can provincial and federal governments jointly legislate to solve an issue (the Reference re Securities Act)?

  • What are the limits of cooperation?

  • Who has jurisdiction to legislate in times of emergency (Covid-19 and War Measures Acts)?

Expounding on the historical reasons for the division of powers and the modern trends and issues shaping Canadian federalism, this on-demand presentation will benefit in-house counsel, lawyers, and industry members.

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