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  • Meaningful Consultation Requires Grappling with Indigenous ConcernsSeptember 20, 2018

    By: JoAnn P. Jamieson and Brittany J.A. ScottOn August 30, 2018, the Federal Court of Appeal (the Court) issued a decision that quashed the Governor-in-Council (GIC) approval for the Trans Mountain Expansion Project (the TMX). See Tseil-Waututh Nation v Canada (Attorney General) 2018 FCA 153. One of … Read more »

  • A Triumph of Form Over Substance? The Federal Court of Appeal’s Decision to Quash the Trans Mountain Expansion ApprovalSeptember 7, 2018

    Author: Gavin Fitch, Q.C. On August 30, 2018, the Federal Court of Appeal (the Court) released its decision[1] on the federal government’s approval of the Trans Mountain Expansion Project (TMX). The Court quashed the approval on two grounds:The National Energy Board (NEB or Board) unjustifiably defi … Read more »

  • New Indian Oil and Gas Regulations To Modernize On-Reserve RegimeJune 27, 2018

    By JoAnn P. Jamieson and Sarah LevineThe modernization of the Indian Oil and Gas regulatory regime – a federal government initiative that began over a decade ago – appears to finally be materializing. The new Indian Oil and Gas Regulations (“New Regulations”) were introduced on May 19, 2018 and will … Read more »

  • Bill 13 – Alberta's Capacity MarketJune 22, 2018

    Authors: Michael Barbero and Gavin Fitch, Q.C.Bill 13, An Act to Secure Alberta’s Electricity Future, has received Royal Assent. Bill 13 sets out significant changes to electrical generation and distribution in Alberta, including the creation of a Capacity Market. Further, Bill 13 proposes to end th … Read more »

  • Back to the Future: Amendments to the Fisheries ActFebruary 20, 2018

    Authors: Sean Parker and Ainslie Fowler, Student-at-LawOn February 6, 2018, the Federal Government introduced proposed amendments to the Fisheries Act with Bill C-68 (the “Bill”).  The Bill seeks to reverse several provisions of the current Fisheries Act that was amended in 2012 when the Harper gove … Read more »