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    Toby advises private and public sector clients on litigation and regulatory matters. He provides advice on energy, mining, environmental, public utility and Indigenous law issues. Based in Yellowknife and often practicing in his ...

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On July 26, 2019, the National Energy Board (the “NEB” or the “Board”) released its decision concluding that it does not have jurisdiction over the Coastal GasLink Pipeline (“CGL Pipeline”) in British Columbia. The decision is based on a constitutional analysis of the division of powers between the federal and provincial governments, which, in ...

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In a case that pitted the federal Bankruptcy and Insolvency Act (BIA) against Alberta’s constitutional rights to legislate in relation to property and civil rights in the Province, the Supreme Court of Canada (SCC) in Orphan Well Association v Grant Thornton Limited (Redwater) has determined that the Alberta Energy Regulator (AER) has been and continues to act lawfully ...

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The Supreme Court of Canada has confirmed in Mikisew Cree First Nation v. Canada (Governor General in Council) that there is no duty to consult Indigenous groups in the development of legislation. 

At issue in Mikisew was whether the Government of Canada had a duty to consult the Mikisew Cree First Nation on the development of environmental legislation that Mikisew said had ...

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As reported in our initial blog post, on February 8, 2018, the federal government introduced Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, which, among other things, would enact the Canadian Energy Regulator Act (“CER Act”) and repeal ...
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On Friday, December 1, the Supreme Court of Canada released its decision in the Peel River case that we first reported on here and here. The decision deals with the obligations of the Yukon Government to follow the land use planning process set out in modern land claim agreements with First Nations in Yukon, more specifically the development of a land use plan for the Peel River ...

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Update: On June 9, 2016, the Supreme Court of Canada agreed to hear an appeal from Yukon Court of Appeal’s Peel watershed decision.  Click here to read our earlier blog post on the Court of Appeal’s decision handed down November 4, 2015.

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Late last week, the Government of Canada released a proposed methodology for estimating upstream GHG emissions from proposed oil and gas projects undergoing federal environmental assessment. This comes on the heels of the Government’s announcement in late January of its new guiding principles for project review, one of which included assessment of “direct and ...

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In a set of press releases issued today (here and here), the Government of Canada announced 5 principles that it says will guide its discretionary decision-making for projects being reviewed in environmental assessment, along with a set of interim measures it says will be implemented in two existing pipeline reviews.

While today’s announcements will likely have an ...

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On November 4, 2015, the Yukon Court of Appeal released its decision in the Peel River case that we first reported on here.  The decision focussed on whether the Yukon Government properly followed the land use planning process set out in three modern land claims agreements in the development of a land use plan for the Peel River region.  The Court of Appeal largely agreed with the ...

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The Supreme Court of the Northwest Territories has granted an injunction to the Tlicho Government suspending the implementation of the Mackenzie Valley “Superboard” legislation. Creation of the Mackenzie Valley “Superboard” is contemplated in amendments to the Mackenzie Valley Resource Management Act (MVRMA) contained in the Northwest Territories ...

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Lawson Lundell's Project Law Blog focuses on updating proponents on issues emerging in the law and policy that applies to the development of major projects in Canada. The focus of the blog is on matters relating to environmental assessment and compliance, regulatory matters and Indigenous consultation.

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